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their next of kin. If it does not carry out an investigation in said terms, the
State incurs in international responsibility related to its obligation to
guarantee the right to life enshrined in the American Convention. Additionally,
it would be creating an environment of impunity, in which these events
contrary to the duty of respect and guarantee of the right of life may repeat
themselves. Even when the individual perpetrator of the violation, it
corresponds to the State to compensate the victim or his next of kin if said
violation was committed by a state agent;
m)
the fragmented documentation handed over by the State under the
name of “autopsy certificates” and “forensic medical certificates” only includes
incomplete descriptions of the injuries suffered by the lethal victims and the
injuries found in some of the wounded, without determining their external
location, possible cause, and form of production, antiquity, trajectory, and
entrance or exit wounds (in the case of injuries caused by bullets). Similarly,
said reports do not refer to the bullets recovered in the victims’ bodies.
Likewise, the absence of records of the removal of the bodies is a very
important omission that contributes to the impossibility to technically
determine the circumstances of death in relation with the perpetrators of the
same, since they only evidence the Commission has in order to know how the
deaths occurred are the written statements provided by the petitioners and
not contested by the State, as well as the description from the report of the
Commission for Truth and Reconciliation;
n)
a part of the domestic case file was burned, under the protection of
that stated in R.M.N° 456-90-IN-PNP and Article 35 of the Rules of Procedure
of Police Documentation. The destruction of vital evidence for the complete
elucidation of the events constitutes an obstruction to justice;
o)
due to the pattern of obstruction to justice in the present case and
before the State’s failure to comply with its obligation to act with due
diligence to clarify the “massacre” committed in the Criminal Center Castro
Castro, Peru is responsible for the violation of the right to life and failure to
comply with the general obligation of respect and guarantee contemplated in
Article 1(1) of the Convention, in detriment of the people listed in section
42(1) of the application;
“The State’s failure to comply with the obligation established in Article 1(1) of
the American Convention”
p)
in its brief of final arguments it indicated that almost a hundred of the
victims of te present case are women, for who the consequences of the
breaches to human rights analyzed resulted especially gross;
q)
in its brief of final arguments it stated that the duties of prevention,
investigation, and punishment that correspond to the State have been
gathered in the Convention of Belém do Pará, which even though was not in
force in Peru at the time of the facts, may be used in order to analyze the
State’s responsibility for the violations to Articles 4, 5, 8, and 25 of the
American Convention, in virtue of the stated in Article 29 of the same; and
r)
in its brief of final arguments it indicated that the right to be exempt of
violence in the public and private sphere, stipulated in Article 3 of the