20
83.
Article 25 is closely linked to the general obligation contained in Article 1(1) of the
American Convention, in that it assigns duties of protection to the States Parties through
their domestic legislation. The purpose of habeas corpus is not only to guarantee personal
liberty and humane treatment, but also to prevent disappearance or failure to determine the
place of detention, and, ultimately, to ensure the right to life.
84.
It having been proven, as stated above (supra, para. 71), that Mr. Castillo-Páez was
detained by members of the Peruvian police force and that, consequently, he was in the
custody of the police, who hid him so that he would not be located, the Court finds that the
ineffectiveness of the remedy of habeas corpus is imputable to the State and constitutes a
violation of Article 25 of the Convention, in connection with Article 1(1).
XIV
85.
In its final arguments the Inter-American Commission further invoked two alleged
violations. The first refers to Article 17 of the Convention concerning protection of the
family, in that, according to the Commission, Mr. Castillo-Páez' family disintegrated as a
result of his disappearance. Secondly, the Commission considers that there has been a
violation of the right to truth and information, in the light of the State's lack of interest in
investigating the events that gave rise to this case. It adduces that argument without citing
any specific provision of the Convention, while pointing out that this right has been
recognized by several international organizations.
86.
Regardless of the fact that these arguments were invoked in its final pleadings and
that they were not challenged by the State, it should be noted that the former refers to a
consequence of the forced disappearance of Ernesto Rafael Castillo-Páez, which this Court
deems to have been proven, in violation of the American Convention, with all its legal
consequences. The second argument refers to the formulation of a right that does not exist
in the American Convention, although it may correspond to a concept that is being
developed in doctrine and case law, which has already been disposed of in this Case
through the Court's decision to establish Peru's obligation to investigate the events that
produced the violations of the American Convention (infra, para. 90).
XV
87.
The Court now examines the Commission's arguments that Peru should compensate
the victim's attorney, on the ground that the attack of which he was the victim (supra,
para. 30.e.) occurred because of his legal defense of Mr. Castillo-Páez and his relatives.
88.
In this regard, the Court indicated above (supra, para. 78) that no details have been
provided to show that the attack which severely injured attorney Zúñiga-Paz took place
specifically because of his legal assistance to the victim and his relatives. Furthermore, let it
be said that the Commission did not name Mr. Zúñiga-Paz as a victim. The reparation
which the Commission is seeking was not included in its recommendations to Peru in its
Report 19/94 of September 26, 1994, which is the antecedent to this matter, the only
victim indicated in that report being Mr. Castillo-Páez, and the only reparations sought were
for violations against his person.
89.
Nor does attorney Zúñiga-Paz appear as a victim in the petition nor the
corresponding reparation; although in the body of the text and in the petition it is stated
that the State should make reparation for the damage suffered by the attorney; the Court
cannot therefore examine this request in the merits of this case.