agents [and] were heightened by the existence […] of a widespread context of impunity for
serious human rights violations fostered by judicial operators. 24
31.
From the information provided by the State, the Court values the various measures
aimed at providing human rights training for public officials at various levels and sectors, and
therefore considers that the State has partially fulfilled this measure. However, for a
complete assessment, it is necessary that the State provide systematic, specific, and
detailed information on its permanent education programs and their content for intelligence
service officers, the Armed Forces, as well as judges and prosecutors, in order to confirm
that special mention is made of the Judgment, international human rights instruments, and
specifically those relating to the forced disappearance of persons and torture, in accordance
with what is stated in the ruling of the case.
F. The State must publish, within six months, as of notice of this Judgment,
once, in the Official Gazette and in another newspaper with widespread
national circulation, paragraphs 30 to 203 and the operative paragraphs of
the Judgment (operative paragraph ten).
32.
By way of a brief dated July 5, 2013, the State expressed that “to date, it had not
published the Judgment pursuant to that ordered by the Inter-American Court.”
33.
In the hearing on monitoring of compliance, the representatives stated that the State
had not mentioned this measure, but that regrettably it is a measure that fully depends on
the will of the executive, which they expressed in the brief dated August 8, 2013.
34.
During the hearing on monitoring of compliance, the Commission stated that “in
regard to measures of satisfaction, [...] there has been no compliance despite the fact that
there has been a willingness of the executive branch,” and it stated that the only publication
existent in a national newspaper was published by Diario Expreso de Perú 25, which the
Commission stated, “essentially defames the representatives of the victim and the InterAmerican Court,” reason for which it argued that "while measures of compliance are not met,
if the State [does not] provide the publication of the [...] Judgment before a newspaper with
national circulation, what will happen is that the Peruvian public opinion will only have access
to such information and the Commission thinks it is very worrisome that there is not a more
truthful version.”
35.
The Court notes that a period of six months was granted to comply with this measure,
to which an excessive period of time has elapsed for the implementation thereof. In view of
the foregoing, the State shall carry out, without further delay, the publication of the
judgment in the Official Gazette and in another newspaper with widespread national
circulation, and it must inform the Court about such publication.
G. The State must organize, within the term of six months, as of notice of this
Judgment, a public act of acknowledgment of international responsibility for
the forced disappearance of Kenneth Ney Anzualdo Castro and to apologize
to him and his next-of-kin (operative paragraph eleven).
36.
The State reported that on July 4, 2013, it drafted, with the presence of officials from
24
Case of Anzualdo Castro Vs Perú, supra, para. 193.
25
Note published in the newspaper “Expreso,” supra.
10