smiling, happy, but their face disfigured, they had shot one of them in the eye and the
other was all bruised; Emilio, his mouth half-open, his teeth full of dirt, his clothes full
of dirt, wet (...). Likewise, Rafael was the same, eyeless, they had shot his thumb off
(...). I didn’t know what to do, but when I looked at Rafael’s chest there was a white
piece of paper or cloth that said ‘approximately 27 years old, arrived as a corpse
[unidentified]’; about Emilio it said ‘approximately 24 years old, unidentified, arrived
as a corpse.’ I felt desperate, (...) I began to scream because they gave them those
ages, that could not be, eyesight is for seeing, we see who is older, who is younger,
you could see they were children and they gave them that age. (...) Then (...) I yelled,
how is it possible that you gave them that age, knowing they are children? (...) Then
(...) I began to cry and to say why did they give them that age, they did not even
respect the fact that they [are] children (...)."3
5.
The victim’s sister (Lucy Rosa Gómez Paquiyauri), in turn, when she testified
before the Court on that same day, May 5th, stated that when she found the
decomposing corpses of her brothers at the morgue,
"I could not believe what my eyes were seeing. (...) For me it was shocking,
(...) I cannot describe in words what I felt at that moment, I felt that my life was
falling apart. (...) Any ignorant person could realize that my brothers were just
children; what they did to my brothers is unspeakable, they were children, they had
nothing to do with what had happened (...).
(...) We have the right to know the truth, for the truth to be known (...). Do
we not have the right to claim for the life of my brothers? I loved my brothers; there is
no day in my life that I do not remember them, there is no day in my life that they are
not present, they were everything for me; (...) never before this happened did I feel
alone, never; they were always there next to me. (...) No matter how many years
pass, I will always miss them, I will always feel their absence. We want the truth to be
known, we want to ensure that what happened to my family, what happened to my
brothers, the abuse committed against them never happens again."4
6.
Nothing will be as it was before. The survivors of the Gómez Paquiyauri
family today have the memory of paradise lost. Together with Rafael and Emilio,
brutally torn from this world by their fellow men, they also lost the unrecoverable
happiness of simple and harmonious family life. The vacuum was filled by a feeling
of deep sorrow and rebellion, with its corrosive effect. The damage suffered and
narrated by the next of kin of the two young brothers who were murdered is truly
irreparable, and the reparations ordered by the Court in the instant Judgment can
only attenuate their grief,5 which has not eroded over time.
7.
What occurred in the instant case does in fact generate a reflection on the
precarious nature of the human condition. This has been so, since the fall of the
human being in Eden, which gave rise to the “tragic and ominous future” of
humankind;6 the seed of good and evil became established in everyone, throughout
human succession, which “was destined to the calamitous events of life.” 7 As J.
Milton said in his universal work, Paradise Lost (1667),
"(...) like one of us Man is become
To know both Good and Evil, since his taste
Of that defended Fruit; but let him boast
His knowledge of Good lost, and Evil got,
3
.
I-A Ct of HR, Transcripción de la Audiencia Pública Celebrada los Días 5, 6 y 7 de Mayo de 2004 Caso de los Hermanos Gómez Paquiyauri versus Perú, San Jose, Costa Rica, I-A Ct of HR, 2004, pp. 52-53
(internal distribution).
4
.
Ibid., pp. 43-44 and 48.
5
.
See, in this regard, my Separate Opinions in the cases of the “Street Children” (Villagrán Morales et
al. versus Guatemala, Reparations, Judgment of 26.05.2001), of Bámaca Velásquez versus Guatemala
(Reparations, Judgment of 22.02.2002), and of Bulacio versus Argentina (Merits and Reparations, Judgment
of 18.09.2003).
6
.
As described by J. Milton, Paradise Lost (1667), book IX, verses 6-15.
7
.
Ibid., book X, verses 967-991.
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