44 destruction of the victims’ family structures and of any other social unit or collective social to which they belong so 184 that, through terror, its message of intimidation is made to reach the rest of their milieu. 224. In the instant case the Commission has taken it as proven that on July 4, 1991, members of the Escorpio patrol raided the homes of Francisco Hilario Torres and Ramón Hilario Morán, and detained and took away everyone inside the two houses, all of whom were their kin and, mostly, women and children, accusing them of having next kin that would be members of Shining Path's based on their perception. Indeed, the facts show that Zósimo Hilario Quispe found out on July 6, 1991, that his parents, two sisters, sister-in-law, nephews, and nieces had disappeared and his home had been burned. Equally, the IACHR has taken it as fact that Ramón Hilario Morán, his wife, and their two children were taken from the other home that was raided. Subsequently, another patrol detained Elihoref Huamaní Vergara as he was on his way with his father to farm crops. 225. Bearing in mind that the purpose of the forced disappearance of the victims in this case was to punish not only the victims, but also their families and their community, the Commission concludes that the State breached its obligation to protect the rights of the family enshrined in Article 17 of the American Convention, to the detriment of the 15 victims in the instant case and their next-of-kin: Francisco Hilario Torres; his wife, Dionicia Quispe Malqui; their daughters, Antonia and Magdalena Hilario Quispe; their daughter-in-law, Mercedes Carhuapoma de la Cruz; Ramón Hilario Morán and his wife, Dionicia Guillén; and Elihoref Huamaní Vergara, as well as the children: Yessenia, Miriam and Edith Osnayo Hilario; Wilmer Hilario Carhuapoma; Alex Jorge Hilario; and the brothers Raúl and Héctor Hilario Guillén; and their next-of-kin: Zósimo, Marcelo, and Gregorio Hilario Quispe; Zenón Cirilo Osnayo Tunque, Víctor Carhuapoma de la Cruz, Ana de la Cruz Carhuapoma, Marcelo Hilario Quispe, Abilio Hilario Quispe, Viviano Hilario Mancha, Dolores Morán Paucar, Justiniano Guillén Ccanto, Victoria Riveros Valencia, Abilio Hilario Quispe, Marino Huamaní Vergara, and Alejandro Huamaní Robles. 5. 185 186 The Right to a Fair Trial and Judicial Protection (Articles 8(1) and 25(1) of the American Convention on Human Rights) in Connection with the Obligation to Ensure Rights and the Duty 187 188 to Adopt Provisions under Domestic Law (Articles 1(1) and 2 thereof) and Article I and III 189 190 of the Inter-American Convention on Forced Disappearance of Persons. Articles 1, 6, and 191 8 of the Inter-American Convention to Prevent and Punish Torture. 184 IACHR, Application to the Inter-American Court of Human Rights in the case of Florencio Chitay Nech et al. (Case 12.599) against the Republic of Guatemala, April 17, 2009, par. 182. 185 Article 8(1) of the American Convention: “Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature.” 186 Article 25 (1) of the American Convention: “Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the State concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties.” 187 IACFDP, Article I.b): “The States Parties to this Convention undertake: b) To punish within their jurisdictions, those persons who commit or attempt to commit the crime of forced disappearance of persons and their accomplices and accessories;” 188 IACFDP, Article III: “The States Parties undertake to adopt, in accordance with their constitutional procedures, the legislative measures that may be needed to define the forced disappearance of persons as an offense and to impose an appropriate punishment commensurate with its extreme gravity. This offense shall be deemed continuous or permanent as long as the fate or whereabouts of the victim has not been determined. The States Parties may establish mitigating circumstances for persons who have participated in acts constituting forced disappearance when they help to cause the victim to reappear alive or provide information that sheds light on the forced disappearance of a person.” 189 Article 1 of the Inter-American Convention to Prevent and Punish Torture Continues…