36
176.
In the case at hand, the Commission has concluded that the State did violate the right to
life of Zulema Tarazona Arrieta and Norma Teresa Pérez Chávez and the right to humane treatment of
Luis Alberto Bejarano Laura, and that, in addition, it did violate the right to a fair trial and to an effective
remedy of the deceased victims’ next-of-kin and of Luis Alberto Bejarano Laura through the absence of
an adequate investigation conducted within a reasonable time after the incident. The Commission notes
that although one person was convicted in 2008, and the families of Zulema Tarazona Arrieta and Norma
Pérez Chávez, together with Luis Alberto Bejarano Laura, received payment for moral redress, that did
not take place in its entirety until almost three years after the judgment was handed down and 17 years
after the incident itself.
177.
Consequently, the Commission finds that these circumstances caused the next-of-kin
181
feelings of suffering, anguish, insecurity, frustration, and powerlessness vis-à-vis the state authorities,
and it concludes that the State did violate Article 5.1 of the American Convention, in conjunction with
Article 1.1 thereof, with respect to the next-of-kin of Zulema Tarazona Arrieta and Norma Pérez Chávez
and with respect to Luis Alberto Bejarano Laura.
V.
CONCLUSIONS
178.
Based on the legal and factual considerations set out above, the Inter-American
Commission concludes that the Republic of Peru is responsible for:
Violating the right to life enshrined in Article 4.1 of the American Convention, in conjunction with
Article 1.1 thereof, with respect to Zulema Tarazona Arrieta and Norma Pérez Chávez. The
Commission believes that since the competent courts convicted the perpetrator and enforced the
payment of moral compensation to the families of the deceased victims, the violation was
remedied in part.
Violating the right to humane treatment enshrined in Article 5.1 of the American Convention, in
conjunction with Article 1.1 thereof, with respect to Luis Alberto Bejarano Laura. The Commission
believes that since the competent courts convicted the perpetrator of the victim’s injuries and
enforced the payment of moral compensation to the victim, the violation was remedied in part.
Violating the right to a fair trial and to judicial protection enshrined in Articles 8 and 25 of the
American Convention, in conjunction with Articles 1.1 and 2 thereof, with respect to the next-ofkin of Zulema Tarazona Arrieta and of Norma Pérez Chávez, and with respect to Alberto
Bejarano Laura.
Violating the right to humane treatment enshrined in Article 5.1 of the American Convention, in
conjunction with Article 1.1 thereof, with respect to the next-of-kin of Zulema Tarazona Arrieta
and of Norma Pérez Chávez, and with respect to Alberto Bejarano Laura.
VI.
RECOMMENDATIONS
179.
In consideration of the foregoing conclusions, and bearing in mind that a final criminal
conviction has been handed down in the case and that the State has complied with the payment of moral
redress imposed in the judgment of July 23, 2008, as a civilly responsible third party in the incident,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE
PERUVIAN STATE:
September 26, 2006, Series C No. 155, para. 96; and Case of Goiburú et al. v. Paraguay, Merits, Reparations, and Costs,
Judgment of September 22, 2006, Series C No. 153, para. 96.
180
I/A Court H. R., Case of Manuel Cepeda Vargas v. Colombia, Preliminary Objections, Merits, and Reparations,
Judgment of May 26, 2010, Series C No. 213, para. 195.
181
I/A Court H. R., Case of Bámaca Velásquez v. Guatemala, Merits, Judgment of November 25, 2000, Series C No.
70, para. 160; I/A Court H. R., Case of Cantoral Benavides v. Peru, Merits, Judgment of August 18, 2000, Series C No. 69, para.
105; and I/A Court H. R., Case of Durand and Ugarte v. Peru, Merits, Judgment of August 16, 2000, Series C No. 68, para. 128.