52
accomplices of the murder of the Gómez Paquiyauri brothers, they were
sentenced to prison terms and payment of civil reparations to the next of kin
of the alleged victims and the criminal proceeding against the mastermind
was postponed;
b)
regarding to establishing the whereabouts of the mastermind, the
State expressed that all means of investigation necessary to locate and
capture him were exhausted; however, they have not been successful to date.
Given this situation, the State, based on the principle of legality, rejected all
forms of impunity; it undertook to reconsider and carry out new methods of
investigation, to establish the whereabouts of the mastermind; and it
undertook a commitment to try him in accordance with Peruvian law;
c)
the human rights violations committed by its agents have been duly
punished, that is, “all investigations in the case have been exhausted to
establish and identify the perpetrators and participants in the crime against
the Gómez Paquiyauri brothers;”
d)
a judicial proceeding was conducted, respecting the principles and
guarantees of due process, which led to conviction with a prison term
sentence and civil reparations, and the proceeding against the mastermind
has been postponed until his whereabouts are established;
e)
given its authority as ius puniendi in the case, Peru has acted through
its investigative and judicial bodies with due diligence and efficacy, to
investigate and punish the perpetrators and participants in the crime against
the brothers;
f)
the State has provided effective judicial protection to the next of kin of
the alleged victims, as all necessary means have been exhausted to avoid
impunity regarding said crime and they have been provided with the real
possibility of contributing to an effective investigation and trial of those
responsible for said crime; and
g)
the civil reparation did not actually become effective, but this does not
mean that it was for lack of legal instruments that national legislation sets
forth to make the rights recognized by court rulings effective.
Considerations of the Court
137.
Article 8 of the American Convention sets forth that:
1.
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.
2.
Every person accused of a criminal offense has the right to be presumed
innocent so long as his guilt has not been proven according to law. During the
proceedings, every person is entitled, with full equality, to the following minimum
guarantees:
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