judicial guarantees or the right to judicial protection, and that this measure was not recommended
by the Commission. Regarding the request for a public act of acknowledgment of responsibility, it
claimed that if the Court declares any violation of the Convention, the issuing of the judgment and
the reparations that may be ordered therein would be sufficient and adequate, so this order would
not be necessary. Lastly, regarding the trainings requested by the representative, it claimed that
it has been duly complying with its international obligations regarding the implementation of
human rights courses and programs within the armed forces. Based on the foregoing, it pointed
out several trainings provided by the Center for International Humanitarian Law and Human Rights
of the Ministry of Defense of Peru, and requested that the measures requested by the
representative not be ordered.
235. Regarding the measures of non-repetition requested by the Inter-American Commission,
the Court does not consider pertinent to order them, given that there is no causal nexus between
them and the violations declared in the instant case, considering that the Court did not find a
violation of Article 2 of the Convention, or that the violations declared had a structural cause or
were part of a general context.
236. Regarding the request to order human rights training for instructors and recruits that are
in the military service, the Court notes that it has already ordered the State of Peru to carry out
permanent training on human rights to those officers, as well as other persons in charge of justice
administration, in the cases of La Cantuta, 198 Anzualdo Castro, 199 Osorio Rivera 200 and Espinoza
Gonzales.201 In this regard, by recalling that training, as a system of continuous education, must
be permanent in order to fulfill its goal, the Court considers it unnecessary to order once again
the implementation of training and education programs, which is already subject to the monitoring
of compliance with judgments in the aforementioned cases.
197F
198F
19F
20
237. Lastly, regarding the requests of the representative to perform a public act of
acknowledgment of responsibility and to investigate the behavior of public servants related to the
procedural and investigative irregularities against the victim, the Court considers that the issuing
of this judgment and the reparations ordered in this chapter are sufficient and adequate to redress
the violations suffered by the victim and does not consider it necessary to order those measures.
E. Compensation
E.1. Pecuniary damages
238. The Commission requested the Court to order the State to provide comprehensive
reparation to the victim through monetary compensation that includes the material damages
caused.
239. The representative indicated that, regarding lost wages, the amount that he stopped
receiving from the lieutenant rank to the Brigade General rank in the Army of Peru, calculated
from the date of the incident, September 5, 1994, to date, plus interest, amounts to PEN
2,000,000.00 (two million Peruvian soles) approximately. Regarding consequential damages, it
indicated that taking into account that the victim suffered the loss of exercise of his professional
calling, the deprivation of that value as part of his patrimony and expectations, and considering
the academic level reached and the time elapsed since the facts occurred, it is necessary to assess
the placement that he had in the merit order of the Third Position of the Cavalry Arms (“Tercer
Puesto del Arma de Caballería”) in the intermediate level, for promotion to the immediately
Cf. Case of La Cantuta v. Peru, para. 240.
Cf. Case of Anzualdo Castro v. Peru, para. 193.
200
Cf. Case of Osorio Rivera and family v. Peru, para. 274.
201
Cf. Case of Espinoza Gonzáles v. Peru, para. 327, and Case of Tarazona Arrieta et al. v. Peru, para. 186; Case of
the Miguel Castro Castro Prison v. Peru, para. 452.
198
199
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