97
322. The Court appreciates the efforts made by the State to assess the possibility of effectively
delivering the requested scholarships to the next of kin of the victims in this case. It also notes
that the representatives referred - at least before this Court - to the specific cases of the relatives
of Gregorio Hilario Quispe, Zenón Cirilo Osnayo Tunque and Marino Huamaní Vergara, and that
with the information available, these requests can be effectively channeled by the State. The Court
takes note of this request, and of the efforts and good faith expressed by Peru, aimed at repairing
the harm caused to the families of the disappeared victims. However, it considers that it is not
necessary to order said measure.
323. The Commission requested measures to keep alive the memory of the disappeared
victims. The representatives requested, in their final written arguments, that a monument be
erected in the community of Santa Bárbara as a measure to keep alive the memory of the
disappeared victims. The State did not make any comment in this regard.
324. The Court considers that the request to erect a monument is time-barred since it was
presented only in the final arguments of the representatives; furthermore, it is not necessary to
order this measure since, in accordance with paragraph 309 supra, the publication of this judgment
is sufficient to keep alive the memory of the disappeared victims in this case.
325. The representatives requested that the Court reiterate to the State its obligation to bring
the criminal definition of forced disappearance into line with international standards. In particular,
they pointed out that “the adaptation of Article 320 of the Criminal Code (“forced disappearance”)
to Article II of the Inter-American Convention on Forced Disappearances, would be crucial to the
present case, “given that said reform constitutes an essential measure to obtain justice.” The
State argued that although the facts of this case do not fall within the framework of acts that
constitute a disappearance, to date there are draft laws whose purpose is to modify the criminal
regulations in force regarding this and other crimes against human rights regulated in national
legislation. In this regard, it reported that the Justice and Human Rights Commission of the
Peruvian Congress has been discussing several bills that propose to reform the definition of the
crime of forced disappearance, in line with the provisions of international human rights law,
international humanitarian law and international criminal law. The Commission did not refer to
this point.
326. In the instant case, the Court did not declare a violation of Article 2 of the American
Convention or of Article III of the Inter-American Convention on Forced Disappearance of Persons
in relation to the alleged application of Article 320 of the Criminal Code; thus, there is no causal
link between the violations declared in this judgment and the measure of reparation requested.
Nevertheless, the Court recalls that in the judgments issued in the cases of Gómez Palomino, 372
Anzualdo Castro 373 and Osorio Rivera, 374 the State was ordered to adapt its domestic legislation,
and that these cases are at the stage of monitoring compliance with their respective judgments.
Therefore, the Court urges the State to continue with the legislative process and to adopt, within
a reasonable time and in accordance with its obligation under Article 2 of the American Convention,
the measures necessary to define the crime of forced disappearance of persons in accordance with
inter-American standards.
D. Compensation
Cf. Case of Gómez Palomino v. Peru. Merits, reparations and costs. Judgment of November 22, 2005, para. 149 and
operative paragraph 12.
373
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment of September 22,
2009, para. 191 and operative paragraph 8.
374
Cf. Case of Osorio Rivera and Family Members v. Peru, supra, para. 271 and operative paragraph 12.
372