83
275. The Commission and the representatives have presented arguments on the rupture caused
within the families, the lack of effective remedies, the lack of justice in the investigation of the
facts and the failure to clarify the truth, which has made it impossible for the next of kin to identify
and receive the mortal remains of their loved ones and to give them a proper burial. For its part,
the State has referred to the progress made in determining those responsible for the death of the
fifteen victims in this case, the capture of the fugitive defendants and its willingness to make
reparations. It has also questioned whether the relatives’ right to know the truth had been violated,
and reiterated its argument that this case concerns an extrajudicial execution (supra para. 155).
These arguments were analyzed and decided by the Court in Chapters IX.I and IX.III of this
judgment. Therefore, the Court considers that in the instant case it is not necessary to analyze
them in relation to the possible violation of the personal integrity of the next of kin.
276. The Court recalls that in Chapter IX.I of this judgment it declared the international
responsibility of Peru for the forced disappearance of the fifteen victims in this case. Beyond the
arguments presented above (supra para. 273), the State did not provide evidence to refute the
iuris tantum presumption regarding the severe suffering cased to the next of kin in the particular
circumstances of this case, nor did it disprove their status as family members of the disappeared
victims. Therefore, the Court considers that the presumption of harm to their psychological and
moral integrity is sufficiently justified.
277. In view of the foregoing, the Court deems it pertinent to consider the harm suffered by
these persons in order to establish and assess the scope of the damage caused. To this end, the
Court will take into account the facts established in this judgment, the statements of Zósimo Hilario
Quispe, Marcelo Hilario Quispe, Gregorio Hilario Quispe, Víctor Carhuapoma de la Cruz, Abilio
Hilario Quispe and Marcelina Guillen Riveros and Zenón Cirilo Osnayo Tunque, as well as the expert
opinion of Miryam Rivera Holguín.
278. In particular, the Court highlights the traumatic experience caused to the families of the
fifteen victims of forced disappearance by the news of what happened after the military operation,
and the uncertainty of not knowing the whereabouts of their loved ones or whether or not the
remains found - and those that might still be in the mine - belong to them. Regarding Zenón Cirilo
Osnayo Tunque, Marcelo Hilario Quispe, Gregorio Hilario Quispe and Viviano Hilario Mancha, 330 it
is important to consider the suffering, anguish and desperation they felt when they saw the
remains of human bodies in the mine, recognized some of their family members and identified
some of their belongings; and also, the subsequent impact of knowing that this evidence was
destroyed, and that only various body parts and organs were found scattered around the place,
without being able to identify any of the victims’ bodies or belongings (supra paras. 93 and 94).
The Court also recognizes the pain caused to Zósimo Hilario Quispe, Viviano Hilario Mancha 331 and
Alejandro Huamaní Robles, who filed several complaints with the State authorities in the first days
after the events occurred and, in response, were confronted with the Army authorities’ refusal to
acknowledge the facts (supra paras. 95 to 103).
279. Víctor Carhuapoma de la Cruz, the brother of Mercedes Carhuapoma de la Cruz, told the
Court that the events “have affected me emotionally and financially because we have also lost
many things we had […]. I am always sad, depressed and very afraid. I do not live a normal or
peaceful life. Sometimes I feel desperate because I want things to be resolved quickly, so I feel
330
Cf. Statement of Zenón Cirilo Osnayo Tunque at the public hearing held on January 26, 2015; Statement rendered
on January 9, 2015 by affidavit by Marcelo Hilario Quispe (evidence file, folios 5203 to 5207); Statement rendered by affidavit
on January 9, 2015, by Gregorio Hilario Quispe (evidence file, folios 5209 to 5211), and expert opinion rendered by affidavit
on January 12, 2015, by Miryam Rivera Holguín (evidence file, folios 5255 to 5272, 5284 to 5289 and 5314 to 5315).
331
Cf. Statement rendered by affidavit on January 9, 2015, by Zósimo Hilario Quispe (evidence file, folios 5200 to 5202),
and expert opinion rendered by affidavit on January 12, 2015, by Miryam Rivera Holguín (evidence file, folios 5289 to 5293
and 5314 to 5315).