Human rights β Treaties β American Convention on Human Rights, 1969 β Right to personal liberty β Right to humane treatment β Right to a fair trial β Right to judicial protection β Whether Peru violating Articles 7, 5, 8 and 25 of Convention β Validity of suspension of guarantees in emergency situations β Trial before military and civil courts on same facts β Whether violating principle of non bis in idem β Article 8(4) of Convention
International tribunals β Inter-American Court of Human Rights β Remedies β International human rights tribunal ordering State to release prisoner within reasonable time β American Convention on Human Rights, 1969
International tribunals β Procedure β Inter-American Court of Human Rights β Whether international court for protection of human rights bound by same formal rules binding municipal courts β Whether instruments granting representation valid β Court's duty to ensure effective protection of human rights
Relationship of international law and municipal law β Reparations β Applicable law β Article 63(1) of American Convention on Human Rights, 1969 β International law governing scope, nature, modality and determination of beneficiaries of reparations β Whether subject to alteration by municipal law β Peru's obligation to take necessary domestic measures to comply with Convention β Article 2 of Convention β Invocation by Peru of domestic law to avoid compliance with international obligations β Whether possible
State responsibility β Imputability β Human rights violation β Whether State responsible β Whether unlawful act imputable to State β Whether State having duty to make reparations
Damages β For human rights violations β Release of victim β Whether sufficient to redress violations β Reparations β Forms of damages β Restitution β Compensatory damages β Pecuniary damages β Moral damages β Scope, basis and amount of compensation β Whether damage to βlife planβ new head of damages β Whether damage quantifiable β Costs β Proportionality requirement β Entitlement to compensation β Victim and next of kin β Interpretation of term βnext of kinβ β Whether injured parties β Method of calculation β American Convention on Human Rights, 1969, Article 63(1)