98
the Inter-American system, in such amount as the Court may in fairness assess. Also, CEJIL
incurred expenses before the Inter-American system over more than seven years, totaling
about US$ 29,710.46.
Arguments of the State
197.
The State has argued that:
a)
b)
c)
d)
e)
f)
g)
between 1996 and 1998, it paid compensation in the amount of three million
Soles to the alleged victims’ next of kin. In this regard, it has fulfilled its
obligation to adequately compensate such next of kin;
it has been driving the investigation of the facts in order that all guilty parties
may be identified and punished as required by law. In particular, the State
emphasized the matter of the intellectual perpetrators or those who allegedly
ordered the commission of international crimes. At the judicial and
institutional level, the right to truth is not only acknowledged as a right of
individuals but also as a collective right. Furthermore, the State argued that
in Perú, the reading of a judgment issued in a criminal action is a public event
and, considering that the case at hand is public knowledge and one of public
interest, the outcome of the proceeding will be naturally publicized;
on June 21, 2006, acting through the President of Perú, the State apologized
to the authorities of Universidad Nacional de Educación “Enrique Guzmán y
Valle,” La Cantuta, during a ceremony held for his decoration by said
institution. This is a specific and recent measure that was relayed by the mass
media. The Court should adjudge and declare whether such action amounts to
a reparative measure equal or similar to the one sought herein. Moreover, an
attempt at having an act directed at a legal entity included as part of the
measures of non-repetition is inadmissible;
a State policy is in place for national reconciliation. The CVR’s Final Report is
a part of such policy. Also, the State has created the Comisión Multisectorial
de Alto Nivel [High-Level Cross-Sector Commission,] placed in charge of
peace, collective reparation and national reconciliation policies;
a monument known as “El ojo que llora” [“The Crying Eye”] already exists in
Lima in memoriam of all victims of violence. In this regard, this is a measure
of reparation in the honor and memory of all victims of Perú’s domestic armed
conflict;
it will accept such costs and expenses as may be reasonably proved before
the Court and which are directly connected to the steps and action taken in
this proceeding both domestically and before the Inter-American system.
Given that APRODEH has counseled the alleged victims from the very
beginning, CEJIL’s claims must necessarily be proved, and
an adequate legal and institutional framework is in place such that no
occurrences similar to the facts of this case will ever take place in the future.
The Court’s Assessments
198. Given the State’s acknowledgement of liability (supra paras. 37 to 57), and in line
with the arguments on the merits stated in the above chapters, the Court found the State
responsible for the violation of Articles 4(1) (Right to Life), 5(1) and 5(2) (Right to Humane
Treatment) and 7 (Right to Personal Liberty) of the Convention, in relation to Article 1(1)
(Obligation to Respect Rights) thereof, to the detriment of Hugo Muñoz-Sánchez, Dora
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