104
caused harm entails the obligation to make adequate reparation, and that this provision reflects a
customary norm that is one of the basic principles of contemporary international law on State
responsibility. 480
301. The Court has established that the reparations should have a causal nexus with the facts
of the case, the violations declared, the damage proved, and the measures requested to redress
the corresponding harm. 481
302. Bearing in mind the violations of the Convention declared in the preceding chapters, the
Court will proceed to analyze the claims presented by the Commission and the representatives,
in light of the criteria established in its case law concerning the nature and scope of the
obligation to make reparation, in order to established the measures designed to redress the
harm caused to the victims. 482
A) Injured party
303. The Court considers that, under Article 63(1) of the Convention, the injured party is
anyone who has been declared a victim of the violation of any right recognized therein.
Therefore, the Court considers Gladys Carol Espinoza Gonzáles, Teodora Gonzáles de Espinoza
(deceased) and Manuel Espinoza Gonzáles to be the “injured party.”
B) Obligation to investigate the facts that gave rise to the violations and to
identify, prosecute and punish, as appropriate, those responsible
304. The Commission asked that the Court order the State to “[c]onduct an immediate,
serious, and impartial investigation into the torture and rape of Gladys Carol Espinoza […] with
a gender perspective,” and also to “[i]dentify all those responsible for such acts, […] and to
impose on them the corresponding civil, administrative, and criminal penalties as a guarantee
of non-repetition,” including the medical personnel, members of the Peruvian National Police
and officials of the Public Prosecution Service and the Judiciary who committed irregularities in
relation to the complaints of torture filed on behalf of Gladys Espinoza.
305. The representatives indicated that the State had failed totally to comply with its
obligation to investigate the facts until 2012, almost 20 years after they were perpetrated.
Consequently, they asked the Court to order Peru “to conduct, within a reasonable time, a
complete, impartial and effective investigation in order to identify, prosecute and punish under
the ordinary justice system all the perpetrators of the human rights violations” with penalties
proportionate to the severity of the acts committed against Gladys Espinoza. According to the
representatives, these investigations should include the rape and the acts of torture that Gladys
Espinoza was a victim of during her detention in the DINCOTE, in the hospital to which she was
transferred, and during the violent inspection in the Yanamayo Prison. They also asked the Court
to order the State to investigate, prosecute and punish, with the corresponding civil and
administrative and criminal measures, the medical, judicial, expert and police officials
responsible for the irregularities and omissions committed in the judicial proceedings.
480
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No.
7, para. 25, and Case of the Human Rights Defender et al. v. Guatemala. Preliminary objections, merits, reparations
and costs. Judgment of August 28, 2014. Series C No. 283, para. 243.
481
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of the Human Rights Defender et al. v. Guatemala, supra, para. 245.
482
Cf. Case of Velásquez Rodríguez. Reparations and costs, supra, paras. 25 to 27, and Case of the Human Rights
Defender et al. v. Guatemala, supra, para. 244.
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