62 alpacas and 30 cows. For his part, Víctor Carhuapoma de la Cruz affirmed that “the house of [his] sister [Mercedes Carhuapoma de la Cruz, wife of Marcelo Hilario Quispe,] was burned, [and] that to date, her animals and belongings […]have not been restored, recognized or rebuilt.” 228 202. Furthermore, in Criminal Proceeding No. 42-06 before the National Criminal Chamber of Peru, Oscar Gonzáles Carrera, a soldier who participated in Operation “Apolonia”, stated that “[…] ronderos […] took […] approximately two hundred cattle, and they herded them and […] arrived […] together with Lieutenant Javier Bendezú […] at the Churumayo bridge, with all the livestock, which had been seized in Rodeo Pampa.” 229 He added that “the cattle were supposedly seized from the terrorists, since […] they were in the habit of going to different villages and stealing cattle, so they had been rounded up to be returned to their legitimate owners, and that is what Lieutenant Javier Bendezú Vargas told me.” 230 Similarly, during the same proceeding, a witness and alleged participant in the military operation, FPA, stated that “they […] took care of the animals that were there, including llamas and sheep […]” owned by the villagers of the peasant community of Santa Bárbara, while they took the detainees from that community to the “Misteriosa” mine. 231 Based on these statements, in its judgment of February 9, 2012, the National Criminal Chamber of Peru found it proven that “during the operation against the inhabitants of Rodeo Pampa, various abuses were committed […] they set fire to some houses, stole the animals, and deprived the victims of their liberty.” He added that “[…] during the incursion into Rodeo Pampa, in addition to setting fire to the victims’ homes […] their belongings were seized and taken to the military base at Lircay.” 232 203. These details are also consistent with the CVR’s Final Report, which indicates that “[…] in the hamlet of Rodeo Pampa military personnel entered the two houses belonging to the Hilario family […] and set fire to them; they returned hours later to take possession of a large number of livestock, smaller animals and belongings of the detainees […].” 233 204. In view of the aforementioned testimonies, the determination of the facts by the National Criminal Chamber of Peru in its judgment of February 9, 2012, as well as the findings of the CVR, the Court considers it proven that military personnel involved in Operation “Apolonia” burned the homes of the families of Hilario Quispe and Hilario Guillén and seized their livestock. These acts are a violation of Article 21 of the American Convention, in relation to Article 1(1) thereof, to the detriment of Francisco Hilario Torres, Dionicia Quispe Mallqui, Antonia Hilario Quispe, Zenón Cirilo Osnayo Tunque, Yesenia Osnayo Hilario, Miriam Osnayo Hilario, Edith Osnayo Hilario, Magdalena Hilario Quispe, Alex Jorge Hilario, Marcelo Hilario Quispe, Mercedes Carhuapoma de la Cruz, Wilmer Hilario Carhuapoma, Ramón Hilario Morán, Dionicia Guillén Riveros, Raúl Hilario Guillén and Héctor Hilario Guillén, who were living in the community at the time of the facts (supra para. 84 a and b) and were unjustifiably deprived of their property. 205. Furthermore, in addition to being a violation of the right to the use and enjoyment of property, the Court considers that the burning of the houses belonging to members of the Santa Bárbara community by the Army constitutes an abusive and arbitrary interference in their private life and home. The people who lost their homes also lost the place where they lived their private lives. Consequently, the State also violated their right to not suffer arbitrary or abusive interference in their private life and home, recognized in Article 11(2) of the American 228 5215) Cf. Statement of Víctor Carhuapoma de la Cruz rendered by affidavit on January 9, 2015. (Evidence file, folio 229 Cf. Statement of Oscar Carrera Gonzáles of August 3, 2010 in Proceeding No. 42-06 of National Criminal Chamber (evidence file 2903) 230 Cf. Statement of Oscar Carrera Gonzáles in Proceeding No. 42-06 of National Criminal Chamber. (evidence file, folio 2927). 231 Cf. Statement of FPA in Proceeding No. 42-06 of National Criminal Chamber (evidence file, folio 2974). 232 Judgment of National Criminal Chamber of February 9, 2012. File No. 42-06 (evidence file, folios 4505 and 4506) 233 Final Report of the CVR of Peru, Volume VII, Chapter 2.50, page 544.