Hostname: page-component-586b7cd67f-r5fsc Total loading time: 0 Render date: 2024-11-27T16:38:52.376Z Has data issue: false hasContentIssue false

Castillo Páez v. Peru

Inter-American Court of Human Rights.  03 November 1997 ; 27 November 1998 .

Published online by Cambridge University Press:  01 January 2021

Get access

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)

Type
Case Report
Copyright
© Cambridge University Press 2000

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)