14
Casas, leader of the Affiliated Center and personal friend of Kenneth Ney Anzualdo
Castro, who […] [would have] turned into an informant (in writing) of those who
belonged to and conducted subversive activities inside the university” Finally, the
State offered the statement rendered by a senior officer of the Peruvian Army before
the Office of the Third Supra-Provincial Prosecutor, in which he denies any
participation in the disappearance of Mr. Anzualdo Castro.37
36.
In the first place, the Court considers it is important to repeat, as in previous
cases,38 that this Court is not a criminal tribunal before which an individual's
responsibility for crimes committed may be debated. This applies to the instant case,
in the sense that the case is not concerned with Mr. Kenneth Ney Anzualdo Castro's
innocence or guilt in certain facts attributed to him by the State or the alleged
connection with the terrorist group Sendero Luminoso, but with the determination of
the compliance with the State’s obligation to respect and guarantee the rights
enshrined in the American Convention and the responsibility of the State for the facts
at dispute. The Tribunal limits the instant Judgment to this.
37.
Within the framework of the Convention, the international responsibility of
States occurs when the State violates the general obligations, erga omnes
obligations, to respect and ensure respect- guarantee- for the protection norms and
ensure the effectiveness of the rights enshrined under any situation, to all persons,
as stipulated in Articles 1(1) and 2 of said treaty. From these general obligations
derive special duties, which can be ascertained based on the particular needs of
protection of the legal person, considering his personal condition or the specific
situation in which he is.39 In this way, any acts or omissions of any of the State
Party’s powers or organs, under International Law, that violate the human rights
enshrined in the American Convention constitute a fact attributable to the State that
compromises its international responsibility, under the terms stipulated in the
Convention and pursuant to general International Law.40
38.
Most of the State's answer to the application deals with doctrinal references
about the valid requirements for the production of evidence in order to sustain that
for the Court to validly use it, certain criteria must be considered, even though it
acknowledged that it is possible to establish the international responsibility of a State,
as well as the attribution of a forced disappearance to state agents, based on
evidentiary items. In this regard, the Court refers to its case-law regarding
37
Cf. Statement of the Chief of the Peruvian Army, Hernán Roberto Sánchez Valdivia rendered
before the Office of the Third Supra-Provincial Prosecutor on June 15, 2007 (record of evidence, Volume
IX, appendix 14 to the brief of response to the application, pages 3612 - 3617).
38
Cf. Case of Velásquez Rodríguez V. Honduras. Merits, supra note 11, para. 134; Case of Suárez
Rosero V. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, para. 37. See also, Case of
Yvon Neptune V. Haití. Merits, Reparations and Costs. Judgment of May 6, 2008. Series C No. 180, para.
37; Case of Boyce et al. V. Barbados. Preliminary Objection, Merits, Reparations and Costs. Judgment of
November 20, 2007. Series C Nº 169, footnote 37 and case of Zambrano Vélez et al. V. Ecuador. Merits,
Reparations and Costs. Judgment of July 4, 2007. Series C No. 166, para. 93.
39
Cf. Case of the “Mapiripán Massacre” V. Colombia. Merits, Reparations and Costs. Judgment of
September 15, 2005, Series C No. 134, para. 111 and 113; Case of Perozo et al. V. Venezuela, supra note
6, para. 298; Case of Ríos et al. V. Venezuela, supra note 6, para. 118. See also, Case of Velásquez
Rodríguez V. Honduras. Merits, supra note 11, para. 164-168; and Juridical Condition and Rights of the
Undocumented Migrants. Advisory Opinion OC-18 of September 17, 2003, Series A N.18, para. 140.
40
Cf. Case of Velásquez Rodríguez V. Honduras. Merits, supra note 11, para. 164, 169, 170 and
173; Case of the “White Van” (Paniagua Morales et al.). Merits, supra note 12, para. 91; Case of Kawas
Fernández V. Honduras, supra note 14, para. 73; Case of Perozo et al. V. Venezuela, supra note 6, para.
130.
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