97
a)
b)
c)
d)
e)
f)
g)
h)
i)
they had received a power-of-attorney from four of the next of kin of the
alleged victims who had not been included in the Commission’s application;
securing justice is the most important reparation measure. Accordingly, in the
course of the investigations and court proceedings currently in progress or to
be undertaken domestically, the competent authorities should refrain from
relying on concepts such as the statute of limitations on criminal actions,
applying amnesty orders favoring the defendants, and wrongfully applying the
res judicata principle and the double jeopardy safeguard for the benefit of
those who were under investigation by the Supreme Council of Military
Justice;
even though Perú is the one State that is directly bound by its obligation to
investigate, and prosecute and impose punishment for, the facts of the
instant case, the other State Parties to the American Convention are also
under a duty, in their very capacity as such, to take all measures required in
order to guarantee that the violations of human rights do not go unpunished,
and that their investigation, prosecution and punishment take place in line
with the Inter-American standards. In the instant case, one of the guilty
parties is former President Fujimori, who is currently a fugitive and whose
extradition from Chile has already been requested by Perú but is still pending.
Since this issue is closely connected to the case, they asked the Court to lay
down standards based on the developments made in the fields of
international human rights law and international criminal law. Specifically,
they requested that the Court lay down standards on the manner in which the
State Parties to Inter-American treaties are to fulfill their obligation to
prosecute for and punish serious human rights violations where the
defendants are outside the jurisdiction of the State that is required to carry
out the investigation;
the search for and subsequent examination of the remains of those alleged
victims that still remain missing needs to be performed by professional
forensic anthropologists specializing in the exhumation of bodies and human
remains;
the act of public acknowledgement of international liability is to be presided
over by the President, and express reference is to be made to the fact that
the victims were in no way involved in the Tarata street attack of July 16,
1992 or in any other terrorist action;
the State is to provide medical and psychological treatment to the alleged
victims’ next of kin for as long as such treatment may be required;
in assessing pecuniary damages, regard should be had to the fact that the
State did deposit three million New Soles in the name of the legal heirs of the
victims in this case;
in assessing consequential damages, due account should also be taken of the
fact that the action undertaken to obtain justice has taken up a large part of
the lives of Gisela Ortiz-Perea, Antonia Pérez-Velásquez, Raida Cóndor, and
Dina Flormelania Pablo-Mateo; and
in assessing lost earnings, the Court should allow for the fact that nine of the
alleged victims were students who, in about two years’ time, would have
probably entered the job market. Furthermore, Mr. Hugo Muñoz-Sánchez was
a Professor at La Cantuta. In the aggregate, they requested that the Court
order the State to pay compensation for lost earnings in the amount of US$
408,136.10145.
196. Lastly, the representatives requested that the Court order the State to reimburse
APRODEH for the costs and expenses incurred since 1992, both at the local level and before
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos