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treaty, to the detriment of Guadalupe Yllaconza-Ramírez de Baldeón and Crispín,
Fidela, Roberto, Segundina, Miguelita, Perseveranda, Vicente and Sabina, all of them
members of the Baldeón-Yllaconza family, for the events involved in the instant case,
occurred from September 1990 “to the commencement of the transition to
democracy” in November 2000, pursuant to paragraphs 46 and 47 of this Judgment.
DECLARES,
unanimously that:
2.
The State violated, to the detriment of Mr. Bernabé Baldeón-García, the right
to life enshrined in Article 4(1) (Right to Life) of the Convention, regarding the
general duty to respect and guarantee the rights established in Article 1(1) of that
treaty, as set forth in paragraphs 80 to 105 of this Judgment.
3.
The State violated, to the detriment of Mr. Bernabé Baldeón-García, the right
to life enshrined in Article 4(1) (Right to Life) of the Convention, regarding the
general duty to respect and guarantee the rights established in Article 1(1) of that
treaty, as set forth in paragraphs 80 to 126 of this Judgment.
4.
The State violated, to the detriment of Guadalupe Yllaconza-Ramírez de
Baldeón, Crispín, Fidela, Roberto, Segundina, Miguelita, Perseveranda, Vicente and
Sabina, all of them members of the Baldeón-Yllaconza family, the right to personal
integrity established in Article 5(1) (Right to Personal Integrity) of the American
Convention, in relation to Article 1(1) of that treaty, as set forth in paragraphs 127
to 130 of this Judgment.
5.
The State violated, to the detriment of Guadalupe Yllaconza, Crispín, Fidela,
Roberto, Segundina, Miguelita, Perseveranda, Vicente and Sabina, all of them
members of the Baldeón-Yllaconza family, the rights to fair trial and judicial
protection established in Articles 8(1) and 25 of the Convention, in relation to Article
1(1) of that treaty, as set forth in paragraphs 139 to 169 of this Judgment.
6.
The State failed to comply with the duty to investigate and punish torture as
set forth in Articles 1, 6 and 8 of the Inter-American Convention to Prevent and
Punish Torture after April 28, 1993, pursuant to paragraphs 156 to 162 of this
Judgment.
7.
This judgment is in and of itself a form of redress, as set forth in paragraph
189 herein.
AND RULES,
unanimously that:
8.
The State shall adopt, in full compliance with the right to fair trial and within
reasonable time, all measures necessary to identify, prosecute and punish the
physical perpetrators and instigators of the violations committed against Mr. Bernabé
Baldeón-García, as set forth in paragraphs 195 to 203 and 210 of this Judgment.
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