84
bad emotionally. My mother [Ana Carhuapoma de la Cruz] also feels bad emotionally.” 332 In the
case of Abilio Hilario Quispe, he stated that he did not know or remember his father and his two
brothers, Ramón Hilario Morán, Raúl and Héctor Hilario Guillén, since the events occurred when
he was only two years old. In his statement before the Court he said, “[m]y life would have been
better if this had not happened. I would have finished my studies, because I was totally abandoned
since my father was the one who provided me with food. Because my mother was left alone, I
could only study up to fourth grade of elementary school and, then she died [when he was 12
years old], so I’ve had to work since I was very young to survive. My family was separated and
I’ve never been able to talk, laugh, play or express my love for my father and my brothers.” 333
280. For her part, Marcelina Guillen Riveros explained in her statement before this Court that
“[t]he death of my sister [Dionicia Guillén Riveros] made me very sad […] I never thought I would
lose her like that; it’s not until now that I think I will find her because she has no grave. My mother
Victoria Riveros Valencia died of a stroke because she was sad all the time about not finding my
sister. Our family is no longer the same, we miss my sister, and my parents died without knowing
where she was buried.” “I never reported what happened out of fear, because I was told that we
would never be safe. Honestly, when I heard about all this, I felt like I was in a dream. We still
haven’t found her remains and we haven’t been able to bury anything [,] so far they haven’t let
us. I was so scared.” 334
281. In view of the foregoing, the Court concludes that the State violated the right to personal
integrity established in Article 5(1) of the American Convention, in relation to Article 1(1) thereof,
to the detriment of Zósimo Hilario Quispe, Marcelo Hilario Quispe, Gregorio Hilario Quispe, Zenón
Cirilo Osnayo Tunque, Víctor Carhuapoma de la Cruz, Abilio Hilario Quispe, Marcelina Guillen
Riveros and Marino Huamaní Vergara, as well as to the detriment of those who died after 2000,
namely, Ana de la Cruz Carhuapoma, Viviano Hilario Mancha, Dolores Morán Paucar, Justiniano
Guillén Ccanto, Victoria Riveros Valencia and Alejandro Huamaní Robles. All these victims are,
according to the family group to which they belong, mothers, fathers, children, spouses,
permanent partners, sisters and brothers, of the fifteen victims of forced disappearance.
X
REPARATIONS
(Application of Article 63(1) of the American Convention)
282. Article 63(1) of the Convention establishes that “[i]f the Court finds that there has been a
violation of a right or freedom protected by this Convention, the Court shall rule that the injured
party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if
appropriate, that the consequences of the measure or situation that constituted the breach of
such right or freedom be remedied and that fair compensation be paid to the injured party.” In
this regard, the Court has indicated that any violation of an international obligation that has
produced harm entails the obligation to make adequate reparation, and that this provision
reflects a customary norm that constitutes one of the fundamental principles of contemporary
international law on State responsibility. 335
Cf. Statement rendered by affidavit on January 9, 2015, by Víctor Carhuapoma de la Cruz (evidence file, folios 5213
to 5214).
333
Cf. Statement rendered on January 9, 2015 by affidavit by Abilio Hilario Quispe (evidence file, folios 5217).
334
Cf. Statement rendered on January 9, 2015 by affidavit by Marcelina Guillen Riveros (evidence file, folios 5220 and
5221).
335
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No. 7, para.
25, and Case of Wong Ho Wing v. Peru, supra, para. 296.
332