110
of continuing education, training should be offered for a considerable time in order to achieve its
objectives. 492 Likewise, and in light of its case law, 493 the Court notes that training with a gender
perspective entails not only a process of learning the norms, but must also teach all officials to
recognize the existence of discrimination against women, and the impact on women of
stereotyped ideas and assessments in relation to the scope and content of human rights.
327. Consequently, the Court establishes that the State, within a reasonable time, must
incorporate into the permanent education and training programs and courses for those in charge
of criminal investigations and judicial proceedings, the standards established in paragraphs 237
to 242, 248, 249, 251, 252, 255, 256, 258, 260, 266, 268 and 278 of this Judgment concerning:
(i) a gender perspective for due diligence in conducting preliminary investigations and judicial
proceedings in relation to gender-based discrimination and violence against women, in particular
acts of violence and rape, and (ii) the elimination of gender stereotypes.
C.3.3. Measures for just reparation to all women victims of the generalized and
aberrant practice of sexual violence and rape during the conflict
328. The representatives explained that, on July 28, 2005, by Law No. 28,592, the State had
established a Comprehensive Reparations Plan (PIR) to implement actions of reparation, justice
and restitution for victims of gross human rights violations during the conflict in Peru. The law’s
implementing regulations were adopted on July 6, 2006. According to the representatives,
individuals who belonged to subversive organizations, as well as those who had already received
reparations under other State mechanisms were excluded from the PIR. In this regard, they
affirmed that women subversive should be tried and punished for the crimes they committed
during the conflict; however, their guilt would not justify failing to make reparation for the
sexual violence suffered during their detention. Hence, they asked the Court to order the State
to take the necessary steps to ensure that all victims of human rights violations during the
Peruvian conflict may receive just reparation. The Commission did not comment in this regard.
329. The State indicated that article 4 of Law No. 28,592, creating the Comprehensive
Reparations Plan (PIR), established that victims who are not included in the PIR and who claim
that they have a right to reparation retain their right to have recourse to the courts. On this
point, it clarified that, although they are excluded from the PIR, those convicted of terrorism
have other mechanisms that are equally satisfactory to obtain reparation, because they may
exercise their right to resort to the courts; hence, Law No. 28,592 is not discriminatory in any
way. In addition, it argued that “the Truth Commission was clear when it indicated that it was
necessary to establish a program of reparations, and it is true that individuals prosecuted for
terrorism do not have access to this reparations program, which includes financial reparations,
because the individual convicted of terrorism is already indebted to the State as regards civil
reparation.”
330. The Court recalls that the reparations it orders must have a causal nexus with the
violations declared in the judgment (supra para. 301). Since the exclusion of those convicted
parties: (i): Affidavit made on March 26, 2014, by Ana María Alejandra Mendieta Trefogli (merits file, folios 1038 to
1094); (ii) Affidavit made on March 26, 2014, by Moisés Valdemar Ponce Malaver (merits file, folios 1018 to 1036);
(iii) Report No. 005-2012-MIMP-PNCVFS-YNN of the Ministry for Women and Vulnerable Populations, with information
on the design of training sessions for the Judicial Districts of Lima and North Lima, which have been extended to other
districts (evidence file, folio 6195); (iv) Report No. 021-2012-MIMP-PNCVFS-UGDS-JMR of the Ministry for Women and
Vulnerable Populations, of August 29, 2012, with information on human rights education programs (evidence file, folio
6255), and (v) Note No. 80-2012-MINDEF/pp of the Ministry of Defense with information on the implementation of
permanent human rights education programs within the Armed Forces (evidence file, folio 6285).
492
Cf. Case of Escher et al. v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of July 6,
2009. Series C No. 200, para. 251, and Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 540.
493
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 540.
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