31 concerned about the lack of proportionality detected: a) between the method used in view of a conscript’s attempt to escape from the armed forces and the lack of discipline displayed by said conscript; and b) between the response of the State to the illegal conduct of the officer and the legally protected interest allegedly affected – a child’s right to life. 109. In view of these criteria, the Court considers that, in the instant case, the State failed to fulfill its obligation to carry out a complete and effective investigation of the alleged torture and extra-legal execution of the minor Gerardo Vargas-Areco, within reasonable time. 110. Based on the foregoing, the Court finds that the domestic proceedings initiated in the instant case do not constitute an effective remedy to truly guarantee the right to fair trial of the relatives of Gerardo Vargas-Areco, within a reasonable term, including finding the truth about the events, the investigation and punishment of those responsible and the reparation of the consequences of the alleged torture and deprivation of the right to life of Gerardo Vargas-Areco. Said circumstances impose liability upon the State for violation of Articles 8(1) and 25 of the Convention, in relation to Article 1(1) of said treaty, to the detriment of the relatives of the minor Vargas-Areco. IX RECRUITMENT OF CHILDREN INTO THE ARMED FORCES 111. As previously stated in the section entitled “Preliminary Considerations”, the Court will provide some general considerations regarding the recruitment of children into the armed forces (supra para. 61). 112. International law sets forth special rules to protect the physical and psychological integrity of children while involved in military activities, whether in times of peace or during armed conflict. 113. As to international humanitarian law, the Additional Protocols to the Geneva Conventions of August 12, 1949, on the protection of victims of international (Protocol I) or domestic (Protocol II) armed conflict establish the need to provide special protection for children. Protocol I establishes that “the Parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, the Parties to the conflict shall endeavor to give priority to those who are oldest.”47 As regards to fundamental rights, Article 4 of Protocol II sets forth that “[c]hildren shall be provided with the care and aid they require, and in particular […] children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups nor allowed to take part in hostilities.”48 47 Additional Protocol to the Geneva Conventions of August 12, 1949, relating to the protection of victims of international armed conflicts (Protocol I), Article 77(2). 48 Additional Protocol to the Geneva Conventions of August 12, 1949, relating to the protection of victims of non-international armed conflicts (Protocol II), Article 4(c).

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