60
194. The Court deems appropriate, as ordered in other cases231, that the State
shall publish at least once, in the Official Gazette and in another newspaper of wide
national circulation, chapters 30 to 203 of this Judgment, with the corresponding
headings and subheadings but without the corresponding footnotes and the
operative paragraphs therein. To such end, said publications shall be made within
six months following notice of this Judgment.
C(2)
Public act of acknowledgement of international responsibility
195. The Inter-American Commission requested the Court to order the State to
organize a public act of acknowledgment of international responsibility for the facts
and to apology to the victim and his next-of-kin, in consultation with the latter, in order
to make sure his memory is preserved. The representatives requested the Court to
order the State that, in such public act, "the maximum authority, on behalf of the
State, apology to the next-of-kin of Kenneth Ney Anzualdo Castro", who shall read
the relevant parts of the Judgment and also, to disseminate such act by a public
media with a high rating in Peru, for which the State must consult with the next-ofkin the details of the event.”
196. In addition, the representatives recalled, in the final arguments, the words of
Marly Arleny Anzualdo Castro, who, during the public hearing, requested the
Tribunal "a place of memory for students like my brother.” Consequently, the
representatives requested the Court to order the State to, in common agreement
with the next-of-kin and having previously coordinated with them, "vindicate his
memory, by erecting a commemorative plaque in an appropriate place at
Universidad Técnica de Callao.”
197. The State considered it was necessary to wait for the results of the
investigation conducted into the disappearance of Anzualdo Castro to carry out any
kind of act. In addition, it objected to such request upon considering that the same
"was unnecessary bearing in mind the goal of the Project of the ‘Museum of
Memory’”, which would “represent with objectivity and displaying broad spirit, the
tragedy that Peru went through as a consequence of the subversive activities of
Sendero Luminoso and Movimiento Revolucionario Túpac Amaru during the last two
decades of the twentieth century, in order to reveal to the Peruvian society the
tragic consequences that result from ideological fanatism, breach of law and the
violation of human rights, in order for our country not to recall such terrible
experiences”.232 Likewise, the State “considers that the erection of a plaque, bust or
another symbolic form of redress is not feasible at any public institution- like the
Universidad del Callao"- considering the initiative described of the "Museum of
Memory.”
198. The Court has determined, when analyzing the merits of the case, the
seriousness of the facts and the violations committed in the instant case. In turn, the
Court has noted that the description of the victim Kenneth Ney Anzualdo Castro as
terrorist and his connection with the group Sendero Luminoso affected the
investigations in relation to his forced disappearance and that such description on
the part of the State was kept in this proceeding, which did not refer to his guilt or
231
Cf. Case of Barrios Altos V. Perú. Reparations and Costs. Judgment of November 30, 2001. Series
C No. 87, Operative Paragraph 5 d); Case of Escher et al. V. Brazil, supra note 6, para. 239; case of
Acevedo Buendía et al. (“Discharged and Retired Employees of the Comptroller”) V. Peru. Supra note 11,
para. 141.
232
Cf. Supreme Decision Nº 059-2009-PCM issued by the President of the Cabinet on March 31,
2009 (record of evidence, volume XIII, pages 4572 and -4573).
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