80
that worked in the month of May at the Criminal Center Castro Castro, as well as of
the inmates that were located there at the time of the events, were ordered.117
Costs and Expenses
197(76)
The alleged victims and the representatives carried out steps and
procedures, and paid for the expenses corresponding to their actions before the
Inter-American System of Protection for Human Rights.118
IX
THE STATE’S INTERNATIONAL RESPONSIBILITY WIHITN THE
CONTEXT OF THE PRESENT CASE
198. As stated (supra para. 148), the acknowledgment of responsibility made by
the State is a positive contribution to the development of this process and to the
validity of the principles that inspire the American Convention.
199. Likewise, said acknowledgement can have great relevance in the domestic
realm, since the facts that the State acknowledges in the proceedings before this
Court, more than fourteen years after they occurred, are characterized for being
extremely serious and for being actions carried out directly by State Agent, that
therefore imply, serious violations to human rights protected in the American
Convention. For many years these events were denied or classified in different ways
both by different state authorities as by some sectors of civil society and the press,
and on multiple occasions they were considered legitimate within the “fight against
terrorism.”
200. Given the specific characteristics of this case, the Court considers it
convenient to expose in the present chapter some factors corresponding to the facts
that characterize the State’s international responsibility in relation to its obligation to
respect and guarantee the rights enshrined in the Convention that were allegedly
violated in this case, both in the aspects acknowledged by it like in those that must
still be determined in the following chapters regarding the merits and the possible
reparations. The Court does not intend to cover here all the factors that increase the
seriousness of the facts of this case, which will be analyzed in the chapters
corresponding to the violations to the Convention, but it does consider it necessary
to point out some of those factors, such as the historical context in which the events
occurred, and some characteristics of the so-called “Operative Transfer 1” that must
be taken into consideration when analyzing the alleged breaches to the Convention.
The historical context in which the events occurred
117
Cfr. Order for Preliminary Proceedings to Commence issued by the Second Supraprovincial
Criminal Court of Peru (dossier on merits and possible reparations and costs, Volume X, folios 3173 to
3239).
118
Cfr. Receipts of expenses presented by the common intervener of the representatives of the
alleged victims and their next of kin (appendix 4 of the brief of final arguments of the common intervener,
and part of the documentation presented by the intervener on October 4, November 14 and 20, 2006).