67
11.
Finds that the State violated articles 1(1) and 2 of the American
Convention on Human Rights.
Unanimously
12.
Finds that the violation of Article 51(2) of the American Convention on
Human Rights alleged in the instant case need not be examined.
Unanimously
13.
Finds the proceedings conducted against Mr. Jaime Francisco
Sebastián Castillo Petruzzi, Mrs. María Concepción Pincheira Sáez, Mr. Lautaro
Enrique Mellado Saavedra and Mr. Alejandro Luis Astorga Valdez are invalid,
as they were incompatible with the American Convention on Human Rights,
and so orders that the persons in question be guaranteed a new trial in which
the guarantees of due process of law are ensured.
Unanimously
14.
Orders the State to adopt the appropriate measures to amend those
laws that this judgment has declared to be in violation of the American
Convention on Human Rights and to ensure the enjoyment and exercise of
the rights recognized in the American Convention on Human Rights to all
persons subject to its jurisdiction, without exception.
Unanimously
15.
Orders the State to pay a sum totaling US$10,000.00 (ten thousand
United States dollars), or its equivalent in Peruvian national currency, to
those next of kin of Mr. Jaime Francisco Sebastián Castillo Petruzzi, Mrs.
María Concepción Pincheira Sáez, Mr. Lautaro Enrique Mellado Saavedra and
Mr. Alejandro Luis Astorga Valdez who show proof of having incurred costs
and expenses by reason of the instant case. The procedure followed shall be
the one described in paragraph 224 of this Judgment.
Unanimously
16.
Decides to oversee compliance with the orders given in this Judgment.
Judge Vidal-Ramírez informed the Court of his Partially Concurring and Partially
Dissenting Opinion. Judge de Roux-Rengifo informed the Court of his Concurring
Opinion. Both are attached to this Judgment.
Done in Spanish and English, the Spanish text being authentic, in San José, Costa
Rica, on May 30, 1999.
Hernán Salgado-Pesantes
President
Antônio A. Cançado Trindade
Máximo Pacheco-Gómez