84
States arises automatically with an international wrong attributable to the State and, unlike
under domestic criminal law, in order to establish that there has been a violation of the
rights enshrined in the American Convention, it is not necessary to determine the
responsibility of its author or their intention, nor is it necessary to identify individually the
agents who are attributed with the violations.128 In this context, the Court ascertains the
international liability of the State in this case, which may not be made modeled after
structures that belong exclusively to domestic or international criminal law, which in turn
defines responsibility or individual criminal liability; nor is it necessary to define the scope of
action and rank of each state officer involved in the events.
157. Thus, as regards the requests of the representatives and the State, it must be noted
that the events have been described before this court by the Commission for Truth and
Reconciliation, domestic judicial organs and the State’s representatives as crimes against
humanity, and it has been established that these were perpetrated in the context of a
generalized and systematic attack against sectors of the civilian population. As a result, the
duty to investigate and eventually conduct trials and impose sanctions, becomes particularly
compelling and important in view of the seriousness of the crimes committed and the nature
of the rights wronged; all the more since the prohibition against the forced disappearance of
people and the corresponding duty to investigate and punish those responsible has become
jus cogens.129 The impunity of these events will not be eradicated without ascertaining
general liability of the State and individual criminal liability of its agents or other individuals,
both of which complement each other.130 Therefore, suffice it to repeat that the
investigations and prosecutions conducted on account of the events in this case warrant the
use of all available legal means and must aim to determine the whole truth and to prosecute
and eventually capture, try and punish all perpetrators and instigators of the acts.
c) Duties under International Law Dealing with Inter-state Cooperation Concerning
Investigation and Extradition of Alleged Authors of Serious Human Rights
Violations
158. Extradition proceedings have been instituted against one of the main defendants in
connection with the events in the instant case131 (supra para. 80(86) to 80(92) and 147).
159. The Court has recognized Perú’s efforts put into the investigations conducted after
the transition (supra para. 146 to 150). The Court likewise commends the State on the fact
C No. 126, para. 61 and 62. Similarly, cf. European Court of Human Rights, Case of Adali v. Turkey, Judgment of
31 March 2005, Application No. 38187/97, para. 216, and Avsar v. Turkey, Judgment of 10 July 2001, Application
No. 25657/94, para. 284.
128
Cf. Case of the “Mapiripan Massacre”, supra note 2, para. 110; Case of 19 Tradesmen, supra note 110,
para. 141, and Case of Maritza Urrutia. Judgment of November 27, 2003. Series C No. 103, para. 41.
129
Cf. Case of Goiburú et al., supra note 1, para. 84 and 131. In connection with the duty to investigate
crimes against humanity, specifically murder committed as part of a systematic practice, see also Case of
Almonacid Arellano et al., supra note 6, para. 99 and 111.
130
131
Cf. Case of Goiburú et al., supra note 1, para 131.
Since he left Perú in November 2000 until November 2005, Alberto Fujimori stayed in Japan, to which
Perú requested his extradition on various grounds, including the events of La Cantuta. On January 3 2006, after
Alberto Fujimori Fujimori entered Chile, the Peruvian Embassy in that country filed five requests for extradition —
including the one referred to the events of La Cantuta—, which led to the current extradition case proceeding
before Chile's Supreme Court of Justice (supra para 80(86) to 80.(92)).
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