49 amounts to positive progress on that matter.95 However, despite that preliminary reparation, investigation and judicial punishment of perpetrators is still pending. 168. Regarding said matter, the Court points out that the State has a duty to fight impunity by resorting to all legal means available, as impunity fosters the chronic repetition of human rights violations and renders victims and their next of kin completely defenseless.96 * * * 169. The Court finds that domestic proceedings and processes did not amount to effective remedies to guarantee the right to fair trial, to establish the truth of the facts, to investigate and punish the perpetrators and to redress the consequences of violations. Therefore, the State is responsible for the violation of Articles 8(1) and 25 of the Convention, regarding Article 1(1) of that treaty, to the detriment of Guadalupe Yllaconza, Crispín, Fidela, Roberto, Segundina, Miguelita, Perseveranda, Vicente and Sabina; all of them members of the Baldeón-Yllaconza family. Moreover, the Court considers that the State failed to comply with Articles 1, 6 and 8 of the Inter-American Convention against Torture regarding the obligation to investigate and punish torture in domestic courts after April 28, 1991. XI REPARATIONS APPLICATION OF ARTICLE 63(1) OF THE CONVENTION DUTY TO MAKE REPARATIONS Argument of the Commission 170. As regards reparations, the Commission stated that: a) the beneficiaries of the reparations are Guadalupe Yllaconza-Ramírez de Baldeón (wife of the victim); Crispín, Fidela, Roberto, Segundina, Miguelita, Perseveranda, Vicente and Sabina, all of them members of the Baldeón-Yllaconza family (sons and daughters of the victim); b) as regards pecuniary damage i. “the victims made significant economic efforts to seek justice in domestic courts and to overcome the physical, psychological and moral trauma sustained as a result of the acts of the Peruvian State;" ii. the relatives of Mr. Baldeón-García lost income and other benefits as a result of the events; and 95 Cf. Truth and Reconciliation Commission, record of case 1002365 on the detention and execution of the inhabitants of Independencia district, including Mr. Bernabé Baldeón-García (record of exhibits to the complaint, exhibit 3, folio 35); and public hearing of the Truth and Reconciliation Commission held in Huamanga on April 8, 2002, in the Matter of the case of Mr. Bernabé Baldeón-García (record of exhibits to the complaint, exhibit 6, folios 38 to 43). Cf. Case of the “Mapiripán Massacre”, supra note 1, para. 237; Case of Moiwana Community, supra note 59, para. 203; and Case of Huilca Tecse, supra note 2, para. 82. 96

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