22
54.7. On June 14, 1995, the Congress of the Republic of Peru enacted Law No.
25,479, which became effective on June 15, 1995. The above mentioned law
granted amnesty to members of the security forces and civilians who were
subjected to police reports, investigations, proceedings or convictions, or who were
serving prison terms on the grounds of violations to human rights committed
between 1980 and 1995. A few days later, the Peruvian Congress passed a second
bill of amnesty (Law No. 26492), which inter alia barred judges from rendering
decisions on the legality or applicability of the first amnesty law.19
c)
Forced disappearance of Mr. Santiago Gómez-Palomino20
54.8. Mr. Santiago Gómez-Palomino was born in the city of Lima, Peru, on May 13,
1965. At the time of the event, he was 27 years old, single and had earned a high
school degree. The victim lived with his common-law wife Esmila Liliana ConisllaCárdenas and her son, in the residence of his cousin María Elsa Chipana-Flores,
located at Block A, plot 2, “San Pedro de Chorrillos,” Lima. Mr. Gómez-Palomino
worked in a Chinese food “chifa” restaurant situated in the locality of Chorrillos, and
as a gardener in a private home. He was a member of the Asociación Israelita del
Nuevo Pacto Universal (Israelite Association of the New Universal Pact), Church of
Itillacta, Chorrillos, Lima.
54.9. At dawn, on July 9, 1992, a group of men and women stormed into the
residence of María Elsa Chipana-Flores, where Mr. Santiago Gómez-Palomino had
been living for about a fortnight, together with his common-law wife Esmila Liliana
Conislla-Cárdenas and her son. The members of this group wore balaclavas over
their faces, wore military boots and uniforms, carried flashlights and longarms
(Light Automatic Rifles). They dragged Mr. Gómez-Palomino out of his room,
battered and insulted him and asked him for names of persons, including one
individual by the surname of Mendoza, who was supposed to be the owner of the
house. Furthermore, they searched the whole property, tied up and gagged and
threatened Mrs. Esmila Liliana Conislla-Cárdenas and Mrs. María Elsa Chipana-Flores
with their guns. After searching the place, they withdrew taking Mr. GómezPalomino in a vehicle that was waiting outside the house, without showing a judicial
warrant or administrative order or informing him of the reasons why he was being
arrested or the place to which he was being taken.
54.10. After learning about such events, Mrs. Victoria Margarita Palomino-Buitrón
started to look for her son in police facilities, judicial seats, hospitals and morgues
without results. In her initial search, which lasted approximately one year, she was
faith and credit (affidavit) by the expert Sofía Macher, on September 2, 2005 (file on the merits,
reparations and costs, Volume II, pages 520 to 548).
19
Cf. Case of Barrios-Altos. Judgment of March 14, 2001. Series C No. 75, para. 2, and Cf. Case of
Barrios-Altos. Interpretation of the Judgment on the Merits. (Art. 67 of the American Convention on
Human Rights). Judgment of September 3, 2001. Series C No. 83, paras. 41 to 44.
20
Paragraphs 54.8 to 54.20 and 54.28 to 54.31 of the instant Judgment are undisputed facts,
which this Court holds to be established on the basis of the acknowledgement of responsibility carried out
by the State.
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