30
to determine Jeremías Osorio’s whereabouts, establish the facts, punish the guilty, and provide other
pertinent measures of redress; as a result, the forced disappearance remains in total impunity.
Accordingly, and on the basis of the analysis in this section, the IACHR concludes the Peruvian State did
fail to meet its obligations of respecting and ensuring the rights enshrined in Articles 3, 4.1, 5.1, 5.2, and 7
of the American Convention, in conjunction with Article 1.1 thereof, and that it also did violate Article I.a of
the IACFDP, all with respect to Jeremías Osorio Rivera.
2.
119.
Right to a fair trial and judicial protection (Articles 8.1 and 25.1 of the American
Convention on Human Rights), in conjunction with the obligation of ensuring
human rights and domestic legal effects (Articles 1.1 and 2 thereof), and Article I.b
of the Inter-American Convention on Forced Disappearance of Persons
The articles of the American Convention cited in the section heading read as follows:
Article 8. Right to a Fair Trial
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.
Article 25. Judicial Protection
1.
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.
Article 1. Obligation to Respect Rights
1.
The States Parties to this Convention undertake to respect the rights and freedoms recognized
herein and to ensure to all persons subject to their jurisdiction the free and full exercise of
those rights and freedoms, without any discrimination for reasons of race, color, sex, language,
religion, political or other opinion, national or social origin, economic status, birth, or any other
social condition.
Article 2. Domestic Legal Effects
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already
ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance
with their constitutional processes and the provisions of this Convention, such legislative or
other measures as may be necessary to give effect to those rights or freedoms.
120.
Article I.b of the Inter-American Convention on Forced Disappearance of Persons
provides that the states parties thereto shall “punish within their jurisdictions, those persons who commit
or attempt to commit the crime of forced disappearance of persons and their accomplices and
accessories.”
121.
The Inter-American Court has addressed the substance of the right to know the truth in
its case law, particularly in forced disappearance cases. In Velásquez Rodríguez, the Court ruled that the
State was obliged to “inform the relatives of the fate of the victims and, if they have been killed, the
148
location of their remains.” In cases of this kind, the relatives of the disappeared are victims of the acts
that constitute forced disappearance, as a result of which they are entitled to have such incidents
149
investigated and to see the guilty prosecuted and, if applicable, punished. The Court has recognized
148
I/A Court H. R., Case of Velásquez Rodríguez v. Honduras, Merits, Judgment of July 29, 1988, Series C No. 4, para.
149
I/A Court H. R., Case of Blake v. Guatemala, Judgment of January 24, 1998, Series C No. 36, para. 97.
181.