45
114. This Court has already had the opportunity to apply and declare the
responsibility of a State for violation of the Inter-American Convention against
Torture.99 In the instant case, it will exercise its material competence to apply said
Convention, which entered into force on February 28, 1987, and was ratified by Peru
on March 28, 1991. Articles 1, 6 and 9 of said treaty place the States Party under the
obligation to take all effective measures required to prevent and punish all acts of
torture within their sphere of jurisdiction.
115. The facts in this case, intentionally carried out, inflicted grave physical and
mental suffering on the alleged victims (supra paras. 67.e to 67.j).
116. Likewise, the components of the concept of torture set forth in Article 2 of the
Inter-American Convention against Torture include when physical or mental suffering
is inflicted on an individual, for whatever purpose.100 In general, in situations of
massive human rights violations, the systematic use of torture has the aim of
intimidating the population.
117. Therefore, the Court deems that as a whole the facts that have been pointed
out, taking especially into account that the alleged victims were minors, constitute
evident signs of torture, in light of the definition in Article 2 of the Inter-American
Convention against Torture, in violation of Article 5 of the American Convention, in
combination with Article 1(1) of this same Convention, and of the obligations set
forth in Articles 1, 6 and 9 of the Inter-American Convention against Torture, to the
detriment of Rafael Samuel and Emilio Moisés Gómez Paquiyauri.
118. Regarding to the next of kin of the victims of human rights violations, this
Court has pointed out, on previous occasions, that they may be, in turn, victims.101
In the sub judice case, violation of the right to psychological and moral integrity of
the next of kin of Rafael Samuel and Emilio Moisés Gómez Paquiyauri is a direct
consequence of their unlawful and arbitrary detention on June 21, 1991; of the
maltreatment and torture they suffered during their detention, and of the death of
both approximately one hour after they were detained, as well as of officially
presenting the facts as “a confrontation with subversives.” All this generated
suffering and powerlessness of their immediate next of kin vis-à-vis the State
authorities, for which reason, in this case, the next of kin can be considered the
victims of cruel, inhumane and degrading treatment,102 in violation of Article 5 of the
American Convention.
99
See Case of Maritza Urrutia, supra note 5, para. 95; Case of Bámaca Velásquez, supra note 68,
para. 223; Case of Cantoral Benavides, supra note 26, para. 191; Case of the “Street Children” (Villagrán
Morales et al.), supra note 68, paras. 248 to 252; and Case of the “Panel Blanca” (Paniagua Morales et
al.). Judgment of March 8, 1998. Series C No. 37, para. 136.
100
See Case of Maritza Urrutia, supra note 5, para. 91; and Case of Cantoral Benavides, supra note
26, para. 100.
101
See Case of Juan Humberto Sánchez, supra note 15, para. 101; Case of Bámaca Velásquez,
supra note 68, para. 160; Case of Cantoral Benavides, supra note 26, para. 105; Case of the “Street
Children” (Villagrán Morales et al.), supra note 68, paras. 175 and 176; and Case of Castillo Páez.
Reparations (Art. 63(1) American Convention Human Rights). Judgment of November 27, 1998. Series C
No. 43, para. 59.
102
See Case of Juan Humberto Sánchez, supra note 15, para. 101; Case of Bámaca Velásquez,
supra note 68, para. 162; and Case of Kurt v. Turkey, supra note 85, paras. 130-134.
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