55
VI.
CONCLUSIONS
Based on the foregoing factual and legal considerations, the Commission concludes that the Republic of Peru is
responsible for breach of its obligations to prevent violations and ensure:
1.
The rights to personal liberty, humane treatment, life and juridical personality in accordance with
Articles 7, 5, 4, and 3 of the American Convention, in conjunction with Article 1(1) of said instrument, to the
detriment of the adults Francisco Hilario Torres; his wife, Dionicia Quispe Malqui; their daughters, Antonia and
Magdalena Hilario Quispe; and 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;
2.
the rights of the child in accordance with Article 19 of the American Convention, in conjunction
with Article 1(1) thereof, to the detriment of the children: Yessenia, Miriam and Edith Osnayo Hilario; Wilmer
Hilario Carhuapoma; Alex Jorge Hilario; and the brothers Raúl and Héctor Hilario Guillén;
3.
the rights of the family recognized in Article 17 of the American Convention, in conjunction with
Article 1(1) thereof, to the detriment of the disappeared persons: Dionicia Quispe Malqui; her daughters, Antonia
and Magdalena Hilario Quispe; and her 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 Hilario Quispe, Marcelo Hilario Quispe, Gregorio Hilario Quispe, Zenón Cirilo Osnayo
Tunque, Víctor Carhuapoma de la Cruz, Ana de la Cruz Carhuapoma, Viviano Hilario Mancha, Dolores Morán
Paucar, Justiniano Guillén Ccanto, Victoria Riveros, Marino Huamaní Vergara, and Alejandro Huamaní Robles;
4.
the right to a fair trial and judicial protection recognized in Articles 8 and 25 of the American
Convention, taken in conjunction with Article 1(1) thereof, Article 1 of the Inter-American Convention on Forced
Disappearance of Persons, and Articles 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, to
the detriment of the disappeared persons and their next-of-kin;
5.
Articles 8(1) and 25 of the American Convention in connection with the provisions set forth in
Articles 1(1) and 2 thereof and in Article III of the Inter-American Convention on Forced Disappearance of Persons,
to the detriment of the victims and their next-of-kin.
6.
The right to humane treatment of the victims’ next-of-kin recognized in Article 5 of the American
Convention, in connection with Article 1(1) of that instrument.
VII.
RECOMMENDATIONS
262.
Based on the analysis and conclusions contained in the instant report, the Inter-American
Commission on Human Rights recommends that the Peruvian State:
1.
Provide adequate reparation for the human rights violations found in the instant report in
material as well as moral respects that take into account the special condition of the seven child victims in the
case, including fair compensation, elucidation and circulation of the historical truth of the events, remembrance of
the disappeared victims, and implementation of an adequate program of psychosocial care for the next-of-kin of
the disappeared victims.
2.
Establish a mechanism that, to the extent possible, enables complete identification of the
disappeared victims and the return of the mortal remains of those victims to their families.
3.
Carry out and conclude, as appropriate, the domestic proceedings connected with the human
rights violations found in the instant report and pursue the investigations in an impartial and effective manner