this from the State until the conclusion of their higher vocational training or university studies, and
must cover all the expenses until the completion of these studies, including academic or
educational materials and living expenses. The scholarship should also cover transportation
between the town where the beneficiary studies and their community or place of residence. 394
These scholarships must be made effective as soon as possible after the notification of this
Judgment so that the beneficiaries may begin their studies in the coming year, if they so wish.
3.
Guarantees of non-repetition
268. In this regard, the Commission underscored the need for the State to adopt the necessary
measures to avoid a repetition of similar acts to those of this case in future, in keeping with the
obligation of prevention, and the guarantee of the human rights recognized in the American
Convention.
a)
Adaptation of the definition of the offense of enforced disappearance to
international standards
269. The representatives asked the Court to order Peru to adapt the definition of the offense of
enforced disappearance to international standards, in particular Article II of the Inter-American
Convention on Forced Disappearance of Persons, by the amendment, as soon as possible, of article
320 of the Criminal Code. They also requested the amendment of plenary decision No. 9/2009
which establishes a temporal limitation on the criminal prosecution of offenses of enforced
disappearance of persons.
270. The State reiterated its observations in the chapter on the obligation to adopt provisions of
domestic law (supra para. 175).
271. The Court appreciates the information provided by the State, but recalls that, in the
judgment delivered in the case of Gómez Palomino, it had already ordered the said adaptation of
domestic law. 395 Thus, the Court reiterates that the State must take the necessary steps to amend,
within a reasonable time, its criminal legislation in order to make the definition of the offense of
enforced disappearance compatible with the international parameters for the enforced
disappearance of persons, paying special attention to the provisions of the American Convention
and the Inter-American Convention on Forced Disappearance of Persons.
b)
Training programs for the Armed Forces
272. The Commission indicated the need to implement permanent programs on human rights
and international humanitarian law in the training schools of the Armed Forces to avoid the
repetition of similar acts in future.
273. The State presented information on the different training courses on international human
rights law and international humanitarian law implemented in the jurisdiction of the Military Police,
the Ministry of Defense, and the National Commission for the Study and Application of International
Humanitarian Law, and considered that it had taken measures relating to permanent training and
dissemination on these subjects “that are in keeping with the[ir] study and dissemination.”
394
Cf. Case of Gómez Palomino v. Peru. Merits, reparations and costs, supra, para. 148, and Case of Escué Zapata v.
Colombia, supra, para. 170.
395
Cf. Case of Gómez Palomino v. Peru. Merits, reparations and costs, supra, twelfth operative paragraph.
91
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