107
1.
To accept the partial acknowledgement of international responsibility made by the State,
pursuant to paragraphs 23 to 33 of this judgment.
Dissenting, Judge Vio Grossi.
By five votes in favor and one against,
2.
To dismiss the preliminary objection regarding the alleged failure to exhaust domestic
remedies filed by the State, pursuant to paragraphs 43 to 46 of this judgment.
Dissenting, Judge Vio Grossi.
By five votes in favor and one against,
3.
To dismiss the preliminary objection regarding the alleged lack of jurisdiction ratione
materiae with respect to the Inter-American Convention on Forced Disappearance of Persons,
pursuant to paragraphs 49 to 52 of this judgment.
Dissenting, Judge Vio Grossi.
DECLARES,
By four votes in favor and two against, that:
4.
The State violated the rights recognized in Articles 7, 5(1), 5(2), 4(1) and 3 of the
American Convention, in relation to Article 1(1) thereof, to the detriment of Yesenia Osnayo
Hilario, Miriam Osnayo Hilario, Edith Osnayo Hilario, Wilmer Hilario Carhuapoma, Alex Jorge
Hilario, Raúl Hilario Guillén, Héctor Hilario Guillén, Francisco Hilario Torres, Mercedes
Carhuapoma de la Cruz, Dionicia Quispe Mallqui, Antonia Hilario Quispe, Magdalena Hilario
Quispe, Dionicia Guillén Riveros, Ramón Hilario Morán and Elihoref Huamaní Vergara. These
violations also occur in relation to Article 19 of the American Convention with respect to Yesenia,
Miriam and Edith Osnayo Hilario, Wilmer Hilario Carhuapoma, Alex Jorge Hilario, and Raúl and
Héctor Hilario Guillén, who were children at the time when their forced disappearance began.
Finally, all the violations indicated in this operative paragraph also occur in relation to Articles I.a)
and II of the Inter-American Convention on Forced Disappearance of Persons, as of March 15,
2002, the date of its entry into force in Peru. All of the above pursuant to paragraphs 157 to 195
of this judgment.
Dissenting, Judges Pérez Pérez and Vio Grossi.
By five votes in favor and one against, that:
5.
The State violated the right to property and the right not to suffer arbitrary or abusive
interference in a person’s private life and home, recognized in Articles 21 and 11(2) of the
American Convention, in relation to Article 1(1) thereof, to the detriment of Francisco Hilario
Torres, Dionicia Quispe Mallqui, Antonia Hilario Quispe, Zenón Cirilo Osnayo Tunque, Yesenia
Osnayo Hilario, Miriam Osnayo Hilario, Edith Osnayo Hilario, Magdalena Hilario Quispe, Alex
Jorge Hilario, Marcelo Hilario Quispe, Mercedes Carhuapoma de la Cruz, Wilmer Hilario
Carhuapoma, Ramón Hilario Morán, Dionicia Guillén Riveros, Raúl Hilario Guillén and Héctor
Hilario Guillén. All the above pursuant to paragraphs 199 to 205 of this judgment.
Dissenting, Judge Vio Grossi.