with its obligation to adapt its domestic law to the Convention contained in Article 2 of this
instrument, so that, since they were ab initio and in general incompatible with the Convention, the
said “laws�� could not generate effects, do not have any effect currently, and cannot have effects in
the future. 356
C. Conclusion
218. Based on the previous considerations, the Court concludes that the State violated the
guarantee of the ordinary judge with regard to the investigation of the enforced disappearance of
Jeremías Osorio Rivera before the military jurisdiction, so that Peru is responsible for the violation
of Article 8(1) of the Convention, in relation to Article 1(1) of this instrument, to the detriment of
Jeremías Osorio Rivera and his family members: Santa Fe Gaitán Calderón, Edith Laritza Osorio
Gaytán, Neida Rocío Osorio Gaitán, Vannesa Judith Osorio Gaitán, Jersy Jeremías Osorio Gaitán,
Juana Rivera Lozano, Epifanía Alejandrina Osorio Rivera, Elena Máxima Osorio Rivera, Porfirio
Osorio Rivera, Adelaida Osorio Rivera, Silvia Osorio Rivera, Mario Osorio Rivera and Efraín Osorio
Rivera.
219. In addition, the Court concludes that the investigations conducted in the ordinary
jurisdiction were neither diligent nor effective to determine the whereabouts of Mr. Osorio Rivera,
to establish what happened, and to identify and punish those responsible; moreover they failed to
respect the guarantee of a reasonable time. Consequently, the Court concludes that, owing to the
absence of an effective investigation of the facts, and the prosecution and punishment of those
responsible, the State violated the right to judicial guarantees and to judicial protection, recognized
in Articles 8(1) and 25(1) of the American Convention, in relation to Articles 1(1) of this instrument
and I(b) of the Inter-American Convention on Forced Disappearance of Persons, to the detriment of
Jeremías Osorio Rivera and his family members: Santa Fe Gaitán Calderón, Edith Laritza Osorio
Gaytán, Neida Rocío Osorio Gaitán, Vannesa Judith Osorio Gaitán, Jersy Jeremías Osorio Gaitán,
Juana Rivera Lozano, Epifanía Alejandrina Osorio Rivera, Elena Máxima Osorio Rivera, Porfirio
Osorio Rivera, Adelaida Osorio Rivera, Silvia Osorio Rivera, Mario Osorio Rivera and Efraín Osorio
Rivera.
220. Even though more than 22 years have elapsed since the enforced disappearance of Mr.
Osorio Rivera neither the truth about the events nor his whereabouts are known. Consequently, in
this case, the State has still not satisfied the right of the family members to know the truth, which
is subsumed in the right of the victim or his family members to obtain clarification of the violations
and the corresponding responsibilities from the competent organs of the State, by the investigation
and prosecution established in Articles 8 and 25(1) of the Convention. 357
221. Lastly, with regard to the existing normative framework, the Court concludes that during
the period in which the amnesty laws were applied, the State failed to comply with its obligation to
adapt its domestic law to the Convention and that, while article 320 of the Peruvian Criminal Code
is not adapted to the proper definition of the offense in keeping with the international parameters,
the State continues to be in non-compliance with Articles 2 of the American Convention and III of
the Inter-American Convention on Forced Disappearance of Persons.
356
Cf. Case of La Cantuta v. Peru, supra, para. 189, and Case of Anzualdo Castro v. Peru. Preliminary objection,
merits, reparations and costs, supra, para. 103.
357
Cf. Case of Chitay Nech et al. v. Guatemala. Preliminary objections, merits, reparations and costs. Judgment of
May 25, 2010. Series C No. 212, para. 206, and Case of González Medina and family members v. Dominican Republic,
supra, para. 263.
79
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