85
283. The Court has established that reparations must have a causal nexus with the facts of the
case, the violations declared, the damage proven, as well as the measures requested to repair the
respective harm. 336
284. In consideration of the violations of the Convention declared in the preceding chapters, the
Court will analyze the claims presented by the Commission and the representatives, as well as the
arguments of the State, in light of the criteria established in its case law regarding the nature and
scope of the obligation to make reparations, for the purpose of ordering measures aimed at
repairing the damage caused to the victims. 337
A. Injured party
285. According to Article 63(1) of the Convention, the Court considers as injured party anyone
who has been declared a victim of the violation of any right recognized in the Convention.
Therefore, the Court considers as “injured party” the fifteen victims of forced disappearance,
namely: Yesenia Osnayo Hilario, Miriam Osnayo Hilario, Edith Osnayo Hilario, Wilmer Hilario
Carhuapoma, Alex Jorge Hilario, Raúl Hilario Guillén, Héctor Hilario Guillén, Francisco Hilario
Torres, Mercedes Carhuapoma de la Cruz, Dionicia Quispe Mallqui, Antonia Hilario Quispe,
Magdalena Hilario Quispe, Dionicia Guillén Riveros, Ramón Hilario Morán and Elihoref Huamaní
Vergara. In addition, the Court also considers their surviving next of kin as “injured party,” namely:
Zósimo Hilario Quispe, Marcelo Hilario Quispe, Gregorio Hilario Quispe, Zenón Cirilo Osnayo
Tunque, Víctor Carhuapoma de la Cruz, Abilio Hilario Quispe, Marcelina Guillen Riveros and Marino
Huamaní Vergara, as well as their deceased family members, Ana de la Cruz Carhuapoma, Viviano
Hilario Mancha, Dolores Morán Paucar, Justiniano Guillén Ccanto, Victoria Riveros Valencia and
Alejandro Huamaní Robles.
B. Obligation to investigate the facts and identify, prosecute and, where appropriate,
punish those responsible, as well as the determination of the whereabouts of the
disappeared victims and their identification
B.1. Investigation, determination, prosecution and, where appropriate, punishment
of all those responsible
Arguments of the Commission and the parties
286. The Commission asked the Court to order the State to carry out and complete, as
appropriate, “the domestic proceedings related to the human rights violations declared in the
Report [on Admissibility and Merits] and to conduct the investigations impartially, effectively and
within a reasonable time in order to fully clarify the facts, identify all the masterminds and
perpetrators and impose the corresponding sanctions.” Likewise, it requested that the State
“make every possible effort to ensure the appearance of the alleged perpetrators who are fugitives
from justice, and to design and promote lines of investigation in order to determine the different
levels of responsibility for the facts, including the responsibilities of the Army’s High Command.”
It also requested that the Court order Peru to adopt administrative measures against any public
officials found to be responsible for committing the violations declared in the Report on
Admissibility and Merits, including the judges or magistrates who did not properly fulfill their
obligations to protect fundamental rights. It also requested that the historical truth of the facts be
established and disseminated.
287. The representatives requested that the Court order Peru to “carry out and complete
thorough, impartial and effective investigations in order to prosecute and punish, within a
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008. Series C
No. 191, para. 110, and Case of Wong Ho Wing v. Peru, supra, para. 298.
337
Cf. Case of Velásquez Rodríguez. Reparations and costs, supra, paras. 25 to 27, and Case of Wong Ho Wing v. Peru,
supra, para. 299.
336