11
assesses it, taking into account the State’s observations on its content, and according to
the rules of sound criticism.
46.
Regarding the expert opinion of the psychologist, Robert Alfonso Gushiken-Miyagui,
the Court takes note of the State’s observations and assesses the opinion to the extent that
it complies with its purpose and according to the rules of sound criticism.
47.
On March 26, 2007, the State submitted a brief with “observations on the [final]
arguments presented by the Commission […] and the next of kin of the alleged victims.”
The Court did not accept the brief submitted by the State, because it constituted a written
procedural act that is not foreseen in the Rules of Procedure of the Court and that had not
been requested by either the Court or its President.
48.
In application of the provisions of Article 45(1) of the Rules of Procedure, the Court
incorporates the following documents into the body of evidence in this case, as helpful
evidence: Final Report of the Truth and Reconciliation Commission (CVR), concluded on
August 27, 2003, in Lima, Peru; Report of the Committee on Freedom of Association of the
International Labour Organization, number 278 with regard to Peru (Vol. LXXIV, 1991,
Series B, No. 2), available at: http://www.oit.org.pe/sindi/casos/per/per22.html, consulted
on May 20, 2007; Report of the Committee on Freedom of Association of the International
Labour Organization, number 265 with regard to Peru (Vol. LXXII, 1989, Series B, No. 2),
cases Nos. 1478 and 1484, available at: http://www.oit.org.pe/sindi/casos/per/per21.html
consulted on May 20, 2007; Report of the Committee on Freedom of Association of the
International Labour Organization, number 337 with regard to Colombia (Vol. LXXXVIII,
2005, Series B, No. 2), Case No. 1787, available at: http://www.oit.org.pe/sindi/casos/
col/col200503.html consulted on May 20, 2007; and Supreme Decree No. 065-2001-PCM of
June 4, 2001, available at: http://www.cverdad.org.pe/lacomision/cnormas/normas01.php,
consulted on April 30, 2007.
*
*
*
49.
Having examined the probative elements in the file of the instant case, the
statements of the parties, and the State’s partial acknowledgement of international
responsibility, the Court will proceed to examine the violations that have been alleged in
this case, based on the facts that have already been acknowledged and those that will be
proven and that are included in each respective chapter. The Court will also examine the
pertinent arguments of the parties, taking into account the acquiescence to the facts and
claims made by the State.
VII
VIOLATION OF ARTICLES 4,14 5,15 AND 716 (RIGHT TO LIFE, HUMANE TREATMENT AND
14
The relevant part of this Article establishes that:
1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the
moment of conception. No one shall be arbitrarily deprived of his life.
15
The relevant part of this Article establishes that:
1.
Every person has the right to have his physical, mental, and moral integrity respected.
2.
No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons
deprived of their liberty shall be treated with respect for the inherent dignity of the human person.
16
1.
The relevant part of this Article establishes that:
Every person has the right to personal liberty and security
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