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B.6. General conclusion
268. Based on all the foregoing considerations, this Court finds that the State: i) failed to
exercise due diligence in the initial investigative procedures; ii) obstructed the investigation of the
case in at least six different ways; iii) failed to exercise due diligence in the collection of evidence,
the location and capture of the fugitive defendants, and regarding the prolonged delay in clarifying
all the facts and determining the whereabouts of the disappeared victims after the reopening of
the investigation of the case in the ordinary jurisdiction, and iv) violated the right to know the
truth of the next of kin of the fifteen disappeared victims in this case.
269. Therefore, the Court concludes that the State violated, to the detriment of the forcibly
disappeared victims and their next of kin, the rights to judicial guarantees and judicial protection
recognized in Articles 8(1) and 25(1) of the American Convention, in relation to Article 1(1) thereof,
as well as in relation to Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish
Torture, and Article I.b of the Inter-American Convention on Forced Disappearance of Persons from
March 15, 2002, the date of its entry into force in Peru. In addition, Peru violated the right to know
the truth of the next of kin of the disappeared victims.
270. Lastly, the Court considers that the remedy filed by Alejandro Huamaní on behalf of his son
Elihoref Huamaní was not effective, and therefore the State violated Article 7(6) of the American
Convention to the detriment of Elihoref Huamaní and his next of kin.
IX.IV
RIGHT TO PERSONAL INTEGRITY
OF THE NEXT OF KIN OF THE DISAPPEARED PERSONS
A. Arguments of the Commission and of the parties
271. The Commission argued that, in accordance with the Court’s case law, in cases involving
the forced disappearance of persons it is possible to understand that the violation of the right to
psychological and moral integrity of the victims’ next of kin is a direct consequence, precisely, of
that phenomenon. Consequently, given the alleged forced disappearances in this case, the State
had the obligation to ensure the right to personal integrity of the next of kin also through effective
investigations; thus, the absence of effective remedies constituted a source of additional suffering
and anguish for the victims’ families. In this regard, the Commission noted the steps taken by the
next of kin after the disappearance of the 15 victims before different State institutions and
agencies, in order to determine their whereabouts and investigate and punish the alleged
perpetrators. In this regard, it recalled that the Court has considered that the continuous denial of
the truth about the fate of a disappeared person constitutes a form of cruel and inhuman treatment
for the next of kin. Therefore, it concluded that the right to personal integrity of the victims’ next
of kin enshrined in Article 5 of the American Convention, in connection with Article 1(1) of the
same instrument, was violated to the detriment of Zósimo Hilario Quispe, Marcelo Hilario Quispe,
Gregorio Hilario Quispe, Zenón Cirilo Osnayo Tunque, Víctor Carhuapoma de la Cruz, Ana de la
Cruz Carhuapoma, Viviano Hilario Mancha, Dolores Morán Paucar, Justiniano Guillén Ccanto, Abilio
Hilario Quispe, Victoria Riveros Valencia, Marino Huamaní Vergara and Alejandro Huamaní Robles.
272. The representatives pointed out that, in accordance with the Court’s case law, in the
instant case it is appropriate to apply the presumption of a violation of the right to personal
integrity to the detriment of the next of kin of the victims of forced disappearance. They
emphasized that these family members have “experienced deep suffering as a result of the forced
disappearance of their loved ones,” which was greatly intensified by the disappearance of the
seven children. They alleged that the forced disappearance of the victims “caused a rupture within
their family units that is still being experienced today.” Furthermore, the victims’ families have
allegedly suffered from the lack of justice in the investigations into the forced disappearance of