90
C. Measures of restitution, rehabilitation, satisfaction and guarantees of nonrepetition
C.1. Restitution
C.1(1) Assistance with livestock and house building
Arguments of the parties
300. The Commission did not submit any request in this regard. The representatives pointed
out that the forced disappearance of the victims seriously affected the subsistence prospects of
their families, since as a result of the events they lost their livestock (including alpacas, sheep,
llamas and some cows and horses) which was their means of subsistence, as well as their homes,
which were burned down by members of the Army who detained them. Therefore, they requested
that the State provide the victims’ next of kin who wish to continue raising livestock with financing
for 10 alpaca breeders each, which would cost approximately USD $20,000.00 per person, for a
total cost of USD $80,000.00. According to the representatives, these alpaca breeders will make
it possible to revive the activity and increase the amount of livestock, contributing to improve their
living conditions. They also requested that the State restore to the victims' families the homes that
were burned down as a result of the events, since to date several of them do not have a decent
home. In this regard, they specifically referred to the case of Zenón Cirilo Osnayo Tunque, who
"does not have a place to live", as well as Zósimo Hilario Quispe, Marcelo Hilario Quispe, Gregorio
Hilario Quispe, Víctor Carhuapoma de la Cruz, Abilio Hilario Quispe, Marcelina Guillen Riveros and
Marino Huamaní Vergara, whose homes are made of rustic materials and do not provide the
conditions for a decent standard of living. In view of this, they asked the Court to order the State
to provide the victims with financing for the construction of adequate housing of solid materials,
of 120 square meters, which would have an approximate cost of USD $70,000.00 each. In the
case of Mr. Zenón Cirilo Osnayo Tunque, this financing should also include the provision of a 120
square meter plot of land, at an approximate cost of USD $7,000.00, since as a result of the loss
of the place where he lived, he has no place to build.
301. The State argued that “[the] international responsibility of the Peruvian State has not been
proven with respect to the facts related to alleged violation of the right to property.” Likewise, it
pointed out that the Court should consider that the community of Santa Bárbara benefited from
collective reparations for the sum of S/. 100,000.00 new soles, for the implementation of a
livestock development project (camelids) in said community. It explained that the project was
implemented by the Provincial Municipality of Huancavelica in 2008, and that the overall execution
of the project was supervised by representatives of the High-Level Multisectoral Commission
(CMAN) of the office in the Department of Junín.
Considerations of the Court
302. In Chapter IX.II of the judgment, the Court considered it proven that soldiers who
participated in Operation “Apolonia” burned the homes of the Hilario Quispe and Hilario Guillén
families and took away their livestock, in violation of their right to property, private life and a
home. This Court has confirmed that, at the time of the facts, Zenón Cirilo Osnayo Tunque and
Marcelo Hilario Quispe lived on a ranch located in the Rodeo Pampa annex of the Miguel Pata sector
in Santa Bárbara with their disappeared family members, and that they are the surviving victims.
As for the other victims mentioned by the representatives, there is no evidence that they lived on
said ranch nor that their right to property had been violated (supra paras. 84 and 204). On the
other hand, the Court appreciates that, as the State indicated, the population of Santa Barbara
was the subject of Collective Reparations in 2007 financed by the High Level Multisectoral
Commission, responsible for monitoring the actions and policies of the State in the areas of Peace,
Collective Reparations and National Reconciliation, for the sum of S/. 100,000.00 new soles, for a