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Castillo Páez v. Peru
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Treaties — American Convention on Human Rights, 1969 — Terrorism in Peru — Forced disappearances by Peruvian security forces — Acts of Peruvian police force imputable to State — Right to personal liberty — Right to humane treatment — Right to life — Right to a fair trial — Right to judicial protection — Whether Peru violating Articles 7, 5, 4, 8 and 25 of Convention — Whether Peru acting in violation of 1979 Peruvian Political Constitution
Relationship of international law and municipal law — Reparations — Applicable law — Article 63(1) of American Convention on Human Rights, 1969 — International law governing scope, nature, modality and determination of beneficiaries of reparations — Whether subject to alteration by municipal law — Peru's obligation to take necessary domestic measures to comply with Convention and judgment of Court — Articles 1(1) and 2 of Convention — Municipal amnesty laws — Whether limitation on impunity acceptable
International tribunals — Procedure — Inter-American Court of Human Rights — Unique characteristics of proceedings — Whether Court bound by same formalities as domestic courts — Admissibility of evidence
State responsibility — Violation of international norm — Whether State responsible — Whether unlawful act imputable to State — Whether State having duty to make reparations
Damages — For human rights violations — Reparations — Peru having duty to make proper reparation — Appropriate forms of reparation — Compensatory damages — Pecuniary damages — Moral damages — Scope, basis and amount of compensation — Proportionality requirement — Method of calculation — Entitlement to fair compensation — Victim and next of kin — Determination of next of kin — Identification of “injured party” — Victim belonging to wider community and nation — Whether community and nation entitled to moral damages — Peru having duty to investigate facts and to punish those responsible — American Convention on Human Rights, 1969, Article 63(1)
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