26
103.
In the instant case, the Commission alleged that the State “failed in its obligation to
guarantee the right to life which arises from Article 4(1) in relation to Article 1(1) of the
Convention […] due to its failure to investigate and punish the masterminds and
perpetrators of the execution.”
104.
With respect to compliance with this obligation to investigate, it is important to
emphasize that the State admitted that it was “[…] undeniable that there has been very
little progress in the investigation into the murders during the past 17 years; during this
time, the results of the investigations by both the Police and the Attorney General’s Office
have been unsuccessful.”
105. The assessment of the obligation to guarantee the right to life, humane treatment,
and personal liberty in this case, by conducting a genuine, complete and effective
investigation into the events, is made in Chapter IX of this judgment. To determine the
violation of Articles 4, 5 and 7 of the Convention, in relation to Article 1(1) thereof, it is
sufficient to indicate that, in this case, the State has not guaranteed the said rights.
*
*
*
106. Based on the above, the Court declares that Peru has violated the rights to personal
liberty, humane treatment, and life owing to its failure to comply with its obligation to
respect and guarantee rights embodied, respectively, in Articles 7, 5(1) and 5(2), and 4 of
the American Convention, in relation to Article 1(1) thereof, to the detriment of Saúl Isaac
Cantoral-Huamaní and Consuelo Trinidad García-Santa Cruz.
VIII
ARTICLE 5 (RIGHT TO HUMANE TREATMENT)73 IN RELATION TO ARTICLE 1(1)
(OBLIGATION TO RESPECT RIGHTS) OF THE AMERICAN CONVENTION (NEXT OF KIN)
107. The Commission and the representatives state that the next of kin of Saúl CantoralHuamaní and Consuelo García-Santa Cruz were affected by the facts of this case and
individualize the members of the respective families for whom they request reparations. In
the case of Mr. Cantoral-Huamaní, his next of kin are his parents, his wife, four children,
and seven siblings.74 In the case of Mrs. García-Santa Cruz, the next of kin are her parents
and eight siblings.75 Finally, in the Commission’s application and in the brief with final
arguments of the representatives, Luis Mori Santa Cruz was included as a brother of
Consuelo García-Santa Cruz.
73
The relevant part of Article 5 of the Convention 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.
74
They are: Elisa Huamaní-Infanzón and Patrocinio Cantoral-Contreras (mother and father); Pelagia Mélida
Contreras-Montoya de Cantoral (wife), Marco Antonio Cantoral-Lozano, Brenda Cantoral-Contreras, Vanessa
Cantoral-Contreras, Rony Cantoral-Contreras (children); Juan Cantoral-Huamaní, Ulises Cantoral-Huamaní, Eloy
Cantoral-Huamaní, Gertrudis Victoria Cantoral-Huamaní, Angélica Cantoral-Huamaní, Rafael Cantoral-Rojas,
Yolanda Cantoral-Rojas (siblings). In addition, Isaac Cantoral-Huamaní was included among the siblings of Saúl
Cantoral-Huamaní in the Commission’s application.
75
They are: Amelia Beatriz Santa Cruz de Portocarrero, widow of García, Alfonso García-Rada (mother and
father of Consuelo García-Santa Cruz) and Alberto García-Santa Cruz, Rosa Amelia García-Santa Cruz, Manuel
Fernando García-Santa Cruz, María Elena García-Santa Cruz, Alfonso Ladislao García-Santa Cruz, Mercedes
Grimaneza García-Santa Cruz, Jesús Enrique García-Santa Cruz, Walter Ernesto García-Santa Cruz (siblings).
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