In the Castillo Páez case,
the Inter-American Court of Human Rights, composed
of the following judges:
Hernán Salgado-Pesantes, President
Antônio A. Cançado Trindade, Vice-President
Máximo Pacheco-Gómez, Judge
Oliver Jackman, Judge
Alirio Abreu-Burelli, Judge
Sergio García-Ramírez, Judge
Carlos Vicente de Roux-Rengifo, Judge
Also present:
Manuel
E. Ventura-Robles, Secretary and
Víctor
M. Rodríguez-Rescia, Assistant Secretary a.i.
Pursuant to articles 29, 55 and 56 of the Rules of
Procedure of the Inter-American Court of Human Rights (hereinafter "the Court" or "the
Inter-American Court"),
in relation to Article 63(1) of the American Convention on Human Rights (hereinafter
"the Convention" or "the American Convention") and in compliance with operative paragraph five of the
judgment of November 3, 1997, enters the following judgment on reparations
in this case, brought by the Inter-American Commission on Human Rights (hereinafter
"the Commission" or "the Inter-American Commission") against the Republic of Peru (hereinafter "Peru" or "the
State").
I
1. Under articles
62 and 63(1) of the Convention, the Court has jurisdiction to order reparations
and costs in the instant case, inasmuch as Peru ratified the American Convention
on July 28, 1978, and accepted the contentious jurisdiction of the Court on
January 21, 1981.
II
2. The Inter-American
Commission brought the instant case to the Court in an application dated January 13, 1995, attached
to which was Report No. 19/94 of September 26, 1994. It had originated with a complaint (No. 10.733) against Peru, received
at the Secretariat of the Commission on November 16, 1990.
3. In the operative
part of the judgment that the Court issued on November 3, 1997, it unanimously
decided the following:
…
1. That the State of Peru violated the right to personal liberty recognized
in Article 7 of the American Convention on Human Rights, in relation to Article
1(1) thereof, to the detriment of Ernesto Rafael Castillo-Páez.
…
2. That the State of Peru violated the right to humane treatment recognized
in Article 5 of the American Convention on Human Rights, in relation to Article
1(1) thereof, to the detriment of Ernesto Rafael Castillo-Páez.
…
3. That the State of Peru violated the right to life recognized in Article
4 of the American Convention on Human Rights, in relation to Article 1(1)
thereof, to the detriment of Ernesto Rafael Castillo-Páez.
…
4. That the State of Peru violated the right to effective recourse to
a competent national court or tribunal, recognized in Article 25 of the American
Convention on Human Rights, in relation to Article 1(1) thereof, to the detriment
of Ernesto Rafael Castillo-Páez and his next of kin.
…
5. That the State of Peru is obliged to repair the consequences of those
violations and compensate the victim’s next of kin and reimburse them for
any expenses they may have incurred in their representations to the Peruvian
authorities in connection with this case, for which purpose the proceeding
remains open.
III
4. On December
10, 1997, the President of the Court (hereinafter “the President” decided
the following:
1. To give the Inter-American Commission on Human Rights until February
10, 1998, to submit a brief and any evidence it may have in its possession
for purposes of determining the compensation and costs in the instant case;
2. To give the next of kin of Mr. Ernesto Rafael Castillo-Páez, the victim
in the instant case, or their representatives, until February 10, 1998 to
submit a brief and any evidence they might have in its possession for purposes
of determining the compensation and costs;
3. To give the State of Peru until April 10, 1998, to make its observations
on the briefs that the Inter-American Commission on Human Rights and the victim’s
next of kin or their representatives submit pursuant to the preceding paragraphs.
5. On December
16, 1997, the Inter-American Commission informed the Court that it had named
Mr. Domingo E. Acevedo, Mr. Carlos Ayala-Corao and Mr. Alvaro Tirado-Mejía
as its delegates in the instant case. On June 18, 1998, Marcela Matamoros, who had been designated as the
Commission’s assistant for the public hearing on preliminary objections, advised
the Court that she was withdrawing from the case.
6. On January
27, 1998, the Commission requested a thirty-day extension of the deadline
set by the President in his order of December 10, 1997, in order to submit
its brief on the compensation and costs in the instant case. On January 28 and 29, 1998, the President extended
the deadlines set for the Commission and the victim’s next of kin to February
25 of that year, and the State’s deadline to May 11, 1998.
7. On February
25, 1998, the Commission and the victim’s next of kin each submitted to the
Court briefs on reparations, with the corresponding evidence, which were then
forwarded to the State on March 12 of that year.
8. On March
9, 1998, the President sent a summons to the victim’s next of kin, to the
Inter-American Commission and to Peru, for a public hearing on reparations,
which was to be held at the seat of the Court on June 9, 1998.
9. On March
11, 1998, the Secretary requested that the State submit the following documents:
the 1991 sworn earnings statement of Mr. Cronwell Pierre Castillo-Castillo,
a copy of the report prepared by the Office of the Inspector General of Police
concerning the operation in which Mr. Ernesto Rafael Castillo-Páez had been
detained on orders from the Ministry of the Interior, and any other intelligence
relative to the circumstances surrounding the disappearance of Ernesto Rafael
Castillo-Páez and his whereabouts. By note of May 29, 1998, the State informed
the Court that there was a legal impediment to supplying Mr. Cronwell Pierre
Castillo-Castillo’s sworn statement. The
State also failed to supply the other documents that had been requested, despite
the fact that the Secretariat had repeated the Court’s request on July 21
and again on August 26, 1998.
10. On March
24, 1998, the State filed a brief wherein it argued that the case should be
closed since inasmuch as it had not received the reparations briefs of either
the victim’s next of kin or of the Commission. The next day, the Secretariat informed the State that the reparations
briefs had been submitted by the victim’s next of kin and the Commission on
February 25 of that year and had been forwarded to the State on March 12.
11. On April
20, 1998, the Secretariat requested that the victim’s next of kin and the
State indicate how many witnesses and experts they would call at the public
hearing on June 9, 1998 (supra 8)
and what the purpose of their testimony or expert testimony would be. Also, on instructions from the President, they
were advised that "for
the sake of procedural economy and speed, they [should] give particular consideration
to the possibility of submitting some testimony and expert testimony in the
form of sworn statements."
12. By note
of April 29, 1998, the victim’s next of kin petitioned the Court to extend
the deadline they were given to submit the "definitive
list of witnesses" and
to establish a deadline for submitting the sworn statements from the parents
of the victim and from his sister, as well as the corresponding expert testimony.
13. On May 5,
1998, the Secretariat sent a note to the victim’s next of kin wherein it explained
the criteria for introducing evidence at this stage of the proceedings and
reported that the President had denied their request seeking an extension
of the deadline for submitting the definitive list of witnesses and experts.
It also advised them that the date for submitting the sworn statements
being offered in evidence would be set shortly.
By Secretariat note dated May 19, 1998, the victim’s next of kin were
notified that the deadline for submitting the sworn statements would be June
5 of that year.
14. On May 11,
1998, Peru submitted its observations on the reparations briefs filed by the
victim’s next of kin and by the Commission and attached documentary evidence.
It offered neither witnesses nor expert witnesses.
15. On June
4, 1998, the victim’s next of kin submitted a power of attorney signed in
Amsterdam, Kingdom of the Netherlands, on May 22, 1998; a statement made and
signed in the presence of a notary by Cronwell Pierre Castillo-Castillo, Mónica
Inés Castillo-Páez and Carmen Rosa Páez-Warton, and a technical report prepared
by Dr. Carmen Wurst-Calle de Landazuri on the "psychological
consequences of disappearances and political asylum" and the appendix thereto.
16. On June
4, 1998, Peru named Ana Reátegui-Napurí as its alternate agent in the instant
case.
17. On June
9, 1998, the Court held the public hearing on reparations and compensatory
damages.
Appearing before the Court:
for the victim’s next of kin:
Ariel Dulitzky
Ronald Gamarra,
For the Inter-American Commission:
Domingo E. Acevedo, Delegate,
For the State of Peru:
Ana Reátegui-Napurí, Alternate Agent
Jennie Vizcarra-Alvizuri and
Walter Palomino-Cabezas.
18. On July
20, 1998, the State filed two briefs containing a number of objections to
the affidavits signed in the presence of a notary, the expert report prepared
by Dr. Carmen Wurst-Calle de Landazuri, and to the power of attorney submitted
by the victim’s next of kin on June 4, 1998 (supra 15). The State’s contention
was that the affidavits signed in the presence of a notary and submitted on
June 23 of that year were extemporaneous. On August 22, 1998, the Secretariat replied
that the case file showed that the statements in question were reported on
June 11 of that year. On September
9, 1998, Peru petitioned the Court to inform it of the processing given to
those objections; accordingly, on September 11, 1998, the Secretariat informed
the State that the objections had been brought to the attention of both the
Commission and the victim’s next of kin and would be seen by the Court at
its forthcoming session.
19. By notes
of July 21, 1998, and pursuant to Article 44 of its Rules of Procedure, the
Court requested the victim’s next of kin, the Commission and the State to
forward the following documents as evidence by August 21 of that year:
from the victim’s next of kin:
a) Certifications of the salaries earned by Mr. Cronwell
Pierre Castillo-Castillo and Ms. Carmen Rosa Páez-Warton between 1990 and
the year in which they left for the Netherlands;
b) Certification of the proceedings conducted in
the bankruptcy of Mr. Cronwell Pierre Castillo-Castillo;
c) Certification of the political-refugee status
of Mónica Inés Castillo-Páez, in Sweden and in the Netherlands, and of her
parents Cronwell Pierre Castillo-Castillo and Carmen Rosa Páez-Warton in the
Netherlands;
d) An itemization of the lost family earnings, presented
in the brief on reparations they had filed the previous February;
e) Certification of the academic record of Mr. Ernesto
Rafael Castillo-Páez, issued by the Pontificia Universidad Católica del Peru,
during his years as a student, and
f) The sales contract for the home of the Castillo-Páez
family and the official appraisal with the estimated price of the house.
From the Inter-American Commission:
a) Certifications of the salaries earned by Mr. Cronwell
Pierre Castillo-Castillo and Ms. Carmen Rosa Páez-Warton between 1990 and
the year in which they left for the Netherlands;
b) Certification of the proceedings conducted in
the bankruptcy of Mr. Cronwell Pierre Castillo-Castillo;
c) Certification of the political refugee status
of Mónica Inés Castillo-Páez in both Sweden and the Netherlands, and of her
parents Cronwell Pierre Castillo-Castillo and Carmen Rosa Páez-Warton in the
Netherlands, and
d) Certification of the academic records of Mr. Ernesto
Rafael Castillo-Páez, issued by the Pontificia Universidad Católica del Peru,
during his years as a student.
From the State:
a) Certification of the minimum salary a sociologist
receives at the present time;
b) Life expectancy figures for Peru in 1990;
c) The official exchange rate of the United States
dollar to the Peruvian currency, for the period from 1990 to 1998, issued
by the Central Bank of Peru;
d) Peruvian legislation on the two annual job bonuses,
which become a thirteenth monthly salary;
e) Peruvian legislation exempting petitions of habeas corpus and criminal proceedings
from payment of court fees;
f) Law No. 26.926, of January 30, 1998, enacted on
February 21, 1998, typifying genocide, forced disappearance and torture as
crimes against humanity, even though there were precedents in the criminal
code, and
g) Decree-Law No. 25.592, published July 2, 1992,
which typifies the crime of forced disappearance.
In the same notes sent to the State, just as in an
earlier note dated August 26, 1998, the Court reiterated the request it had
made Peru on March 11, 1998, that it send the
[r]eport
prepared by the Office of the Inspector General of Police on the operation in which Ernesto Rafael Castillo-Páez was detained on orders from
the Ministry of the Interior, as mentioned in official memorandum 2558/DMC-CA,
and any other available intelligence relative to the circumstances of the
disappearance of Ernesto Rafael Castillo-Páez.
20. On July
27, 1998, the State requested another hearing to "elaborate upon the observations made […] on the [r]eparations
requested." On July 30, 1998, the Secretariat advised Peru
that the President considered its request inadmissible.
21. On August
21 and 24, September 9, 11, 29 and 30, October 1, 9, 26 and 29, and November
2 and 11, all in 1998, the State forwarded some of the documents the Court
had requested as additional, helpful evidence (infra 32). By notes dated August
20 and 28, 1998, the victim’s next of kin submitted some of the documents
the Court had requested as helpful evidence for purposes of arriving at a
more informed judgment (infra 28).
The Inter-American Commission, for its part, did not respond to the
Court’s request for evidence.
22. On September
11, 1998, the State filed a brief with observations on the assessments made
by the victim’s next of kin, wherein it reserved its right to express its
view on the English-language publication of "Human Rights Watch/Americas/Helsinki" (HRW), submitted by the victim’s
next of kin in their brief of August 20, 1998, until such time as a Spanish
translation of that publication was made available to it. The State attached the following documents to
its brief: a November 6, 1990 letter that the then Dean of the Pontificia
Universidad Católica del Peru, Mr. Hugo Saravia-Swett, sent to the Minister
of the Interior wherein reference was made to the disappearance of student
Ernesto Rafael Castillo-Páez, and press clippings on bankruptcy proceedings
that had occurred in Peru. On October
2, 1998, the victim’s next of kin supplied a Spanish translation of the publication
of "Human Rights Watch/Americas/Helsinki,"
which the Secretariat then forwarded to the State on October 5, 1998.
23. By a brief
dated October 9, 1998, the State submitted its observations on the identification
papers of Ernesto Rafael Castillo-Páez and the consequences of the fact that
the victim did not have those identification papers in his possession on the
day the events in question occurred. It also pointed out that although the voter
registration booklet had been issued on July 14, 1986, "it does not show any record of the individual having voted
in the municipal and general elections"
held, respectively, in 1989 and 1990, so that Castillo-Páez had not exercised
his political rights.
24. In a brief
from the State dated October 26, 1998, a registration record was received
for Ernesto Rafael Castillo-Páez, issued by the Chief of the Records Unit
of the National Registry of Identification and Vital Statistics and a "certification issued by the Office
of Remunerations and Benefits of the Office of Personnel of the Ministry of
the Interior" regarding
the salary that a sociologist at that agency receives.
DOCUMENTARY
EVIDENCE SUBMITTED BY THE PARTIES
25. By briefs
dated February 25 and June 4, 1998, the victim’s next of kin offered the following
documents as evidence:
a) The birth certificate and voter registration booklet
of Mr. Ernesto Rafael Castillo-Páez;
b) The marriage license of Cronwell Pierre Castillo-Castillo
and Carmen Rosa Páez-Warton;
c) The birth certificate of Ms. Mónica Inés Castillo;
d) The sworn testimony of Mr. Cronwell Pierre Castillo-Castillo
during the Inter-American Court’s proceedings into the merits;
e) An autopsy report on Abel Malpartida-Páez, cousin
of the victim, who allegedly disappeared under similar circumstances;
f) A copy of the canceled payment voucher of Ernesto
Rafael Castillo-Páez for the first semester of the 1990 at the Pontificia
Universidad Católica del Peru;
g) The teaching contract of Ernesto Rafael Castillo-Páez
with the Instituto Superior de Estudios Teológicos "Juan XXIII" [John XXIII Theological Studies Institute], signed September
6, 1988;
h) A salary pay slip of Ernesto Rafael Castillo-Páez
for October 1990;
i) A sworn statement, dated February 19, 1998, and
a pay slip dated January 21, 1998, both from sociologist Manuel Piqueras-Luna;
j) A copy of Mr. Cronwell Pierre Castillo-Castillo’s
"category four income tax
withholding statement;"
k) A newspaper clipping titled "Comandante-Bomba. Este es Juan
Carlos Mejía, el hombre más explosivo de la policía" [Commander Bomb. This
is Juan Carlos Mejía, the most explosive man on the police force] in Revista
Sí. No. 214, for the week of March 24 to 31, 1991, Lima, Peru, pp. 78-85;
l) A report by the office of the "Inspector General of Police on the
operation in which Ernesto [Rafael] Castillo-Páez was detained on orders of
the Ministry of the Interior;"
m) A statements signed in the presence of a notary
in the Netherlands on May 25, 1998, by Cronwell Pierre Castillo-Castillo,
Mónica Inés Castillo-Páez and Carmen Rosa Páez-Warton; and
n) The technical report prepared by Dr. Carmen Wurst-Calle
de Landazuri on the "psychological
consequences of disappearances and political asylum" in the case of the next of kin of victims of human rights
violations, and the appendix thereto.
26. In a brief
of May 11, 1998, the State objected to part of the documentary evidence submitted
by the victim’s next of kin. Concerning
the certification of Manuel Piqueras, it stated that "under the austerity policy, and
especially from 1990 onward, the government budget laws prohibited hiring,
making the claim implausible." It also contested the statement made by the
victim’s next of kin concerning the income of a sociologist in the public
sector, asserting that it “is false and we dismiss it outright: not only is it utterly unsubstantiated but also
appears to suggest that the amount in question is a monthly salary, which
is misleading since Mr. Piqueras, being an appointee, would have had a higher
salary than career members of the civil service. The State also challenged the evidentiary value of the autopsy report
on Abel Malpartida-Páez, the victim’s cousin, "because this documentation is immaterial to the issue
under discussion at this reparations and compensation stage."
27. With its
briefs of May 11 and 29, July 20, September 11, October 9 and 26, all in 1998,
the State submitted the following documentary evidence:
a) Law No. 26.479, June 14, 1995, published in "El Peruano" on June 15, 1995, whereby "a general amnesty is granted to military, police and civilian
personnel for various cases;"
b) Law No. 26.492, June 30, 1995, published in "El Peruano" on July 2, 1995, which explains the "interpretation and scope of the
amnesty granted under Law No. 26.479";
c) Judgment of the [Peruvian] Constitutional Tribunal,
dated April 28, 1997, published in "El
Peruano" on May 9, 1997,
which "dismisses the case
alleging the unconstitutionality of several articles of Laws Nos. 26.479 and
26.492;"
d) A copy of the "certification
attesting to the absence of any application for intestate succession,"
issued by the Office of the Registrar of Lima and Callao, on May 6, 1998,
attesting to the fact that the Office of Declaration of Heirs had "no
record of any judgment or request [concerning intestate succession to the
estate of [Ernesto Rafael Castillo-Páez];"
e) Official memorandum No. 00249661-98, certification
of registration from the Chief of the Records Unit of the National Registry
of Identification and Vital Statistics;
f) Official memorandum No. 485-98.R1-1200 of May
18, 1998, reporting an impediment to supplying the 1991 sworn earnings statement
of Mr. Cronwell Pierre Castillo-Castillo;
g) Official memorandum No. 66-58-98-IN-1601-UNICA,
July 1, 1998, signed by the Inspector of Migrations, Héctor Huamán-Maquiña,
Deputy Director General of Migrations and Naturalization, Ministry of the
Interior, concerning the "migration" of Mr. Cronwell Pierre Castillo-Castillo,
Ms. Mónica Inés Castillo-Páez and Ms. Carmen Rosa Páez-Warton;
h) A letter from the rector of the Pontificia Universidad
Católica del Peru, Mr. Hugo Saravia-Swett, to the Minister of the Interior,
dated November 6, 1990;
i) Press clippings on bankruptcy proceedings in Peru;
and
j) A copy of the voter registration booklet of state
agent Mario Cavagnaro-Basile.
EVIDENCE
REQUESTED EX OFICIO
28. On August
20 and 28, 1998, pursuant to a request the Court had made on July 21 (supra 19), the victim’s next of kin forwarded
the following documents as additional helpful evidence:
a) The sworn income tax declaration of Mr. Cronwell
Pierre Castillo-Castillo for the year 1991;
b) A copy of the cover and preface of the book "Cálculo Diferencial" (Differential Calculus) by Michel
Helfgott and Tomás Núñez, containing an acknowledgment of the typing done
by Ms. Carmen Rosa Páez-Warton;
c) A copy of the bankruptcy lawsuit of the APIS S.A.
paper company, filed on August 13, 1998;
d) A copy of the certification issued by Swedish
attorney Eva Ericson, attorney ex oficio
for Mónica Inés Castillo-Páez, attesting to the political asylum proceedings
conducted in Sweden;
e) A copy, in English, of the report from the publication
by "Human Rights Watch/Americas/Helsinki"
of September 1996, vol. 8, No. 14 (D), p. 29;
f) A copy of transcript No. 0002691 of the courses
passed by Mr. Ernesto Rafael Castillo-Páez, issued on February 23, 1998 by
the Pontificia Universidad Católica del Peru;
g) Request of August 19, 1998, to the Pontificia
Universidad Católica del Peru to certify that Mr. Castillo-Páez was enrolled
in the second semester;
h) A copy of the August 10, 1998 request for a certified
transcript of the academic records of Mr. Ernesto Rafael Castillo-Páez;
i) A copy of the sales contract for the house of
the Castillo-Páez family, dated July 18, 1997;
j) A copy of the Dutch identity papers that grant
political refuge to Mónica Inés Castillo-Páez and Cronwell Pierre Castillo-Castillo,
and humanitarian asylum to Carmen Rosa Páez-Warton;
k) A copy of the cancelled payment voucher in the
name of Ernesto Rafael Castillo-Páez for the first semester of the 1990 academic
year at the Pontificia Universidad Católica del Peru;
l) A copy of an uncancelled payment voucher in the
name of Ernesto Rafael Castillo-Páez for the second semester of the 1990 academic
year at the Pontificia Universidad Católica del Peru; and
m) Press clippings titled: "En la Corte Interamericana de Derechos Humanos está el
caso Castillo Páez" (Castillo
Páez case at the Inter-American Court of Human Rights) and "Policías asesinaron a estudiante" (Police killed student. ")
29. In its brief
of September 11, 1998, the State challenged a number of the documents submitted
by the victim’s next of kin as evidence. It pointed out that the costs alleged to represent the earnings lost
by the parents due to the victim’s disappearance "are merely unsubstantiated claims, with no evidence to
prove them." It also indicated that “a typing acknowledgment
in the prologue of a book […] is hardly proof of gainful employment, much
less permanent employment." Moreover, the State objected to the uncancelled
payment voucher from the Pontificia Universidad Católica del Peru, arguing
that “it has no validity inasmuch as it bears no cancellation mark."
30. The Court’s
request notwithstanding (supra 19),
the victim’s next of kin did not supply the following documents requested
as evidence:
a) Certification of the salaries of Mr. Cronwell
Pierre Castillo-Castillo for the years 1990, 1992, 1993, 1994, 1995, 1996,
1997, 1998, or any for Ms. Carmen Warton-Páez;
b) Certification of the academic records of Mr. Ernesto
Rafael Castillo-Páez, issued by the Pontificia Universidad Católica del Peru
for his years as a student; and
c) An official appraisal of the Castillo-Páez family
home.
31. As the case
file shows, thus far none of the documents that the Court requested of the
Commission as evidence to help the former arrive at a more informed judgment
has been received (supra 19).
32. In response
to the Secretariat’s notes of July 21, August 26, September 11 and 21, October
2 and 21, 1998, the State, through submissions dated August 21 and 24, September
9, 11, 29 and 30, October 1, 9, 26 and 29, and November 2 and 11, 1998, sent
the following documents as evidence to help the Court arrive at a more informed
judgment:
a) Law No. 26,926 of February 19, 1998, published
in "El Peruano", February 21, 1998, which "amends several articles of the Penal
Code and introduces Title XIV-A, concerning crimes against humanity;"
b) Decree-Law No. 25,592, dated June 26, 1992, published
in "El Peruano", July 2, 1992, establishing "a penalty of incarceration for public
officials or civil servants who deny any person his freedom by ordering or
executing actions that result in said person’s disappearance;"
c) A copy of Law No. 25,139 dated December 14, 1989,
on the annual Independence Day and Christmas Day bonuses;
d) Supreme Decree No. 061-98-EF, dated July 6, 1998,
published in "El Peruano"
on July 7, 1998, whereby "government
pensioners, officials and civil servants are granted the National Holidays
(Fiestas Patrias");
e) Report No. 0053-98-GAFSP-GG-PJ for an extra month’s
pay, in accordance with Legislative Decree No. 728;
f) A photostat copy of Legislative Decree No. 276,
"Statute of Government
Service and Public Sector Remuneration",
dated March 6, 1984, published in "El
Peruano" on March 24, 1984;
g) A photostat copy of the Initial Implementing Legislation
for Legislative Decree No. 276, Supreme Decree No. 018-85-PCM of February
28, 1985;
h) Law No. 26,894, of December 10, 1997, "1998 Public Sector Budget Law", published in "El Peruano" on December 11, 1997;
i) Emergency Decree No. 107-97, dated December 5,
1997, published in "El
Peruano" on December 6,
1997, whereby "a Christmas
bonus is granted to government pensioners, officials and civil servants, armed
forces and national police personnel;"
j) Law No. 23,506 "Habeas Corpus
and Amparo Law", dated December 7, 1982, published in "El Peruano" on December 8, 1982.
k) Law No. 25,398, "Law supplementing the provisions of Law No. 23,506 on
the matter of Habeas Corpus and
Amparo",
of February 6, 1992, published in "El
Peruano" on February 9,
1992;
l) Law No. 26.846, of July 23, 1997, published in
"El Peruano" on July 27, 1997, which "establishes principles that are the basis for payment
of court fees and that amends the Civil Code and Judiciary Statute";
m) Judiciary Statute of July 23, 1997, published
in "El Peruano" on July 27, 1997;
n) A photostat copy of Article 24 of the Judiciary
Statute;
o) Official memorandum No. 7220-98, dated September
3, 1998, on the official exchange rate between the Peruvian currency and the
United States dollar from January 1990 to June 1998, issued by the head of
the Department of Economic Statistics and Studies of the Office of the Superintendent
of Banking and Insurance;
p) Supreme Decree No. 069-85-PCM, dated July 26,
1985, published in "El
Peruano" on July 27, 1985;
q) A photostat copy of Decree-Law No. 22,482 of March
27, 1979, on the "maternity
and nursing subsidies currently in effect";
r) A photostat copy of Decree-Law No. 18.846, dated
April 28, 1971, on "Job-related
Accidents";
s) Law No. 24.993, of January 19, 1989, published
in "El Peruano" on January 21, 1989, whereby the
"Peruvian Sociologists
Association is created";
t) Life expectancy chart for the 1990-1995 five-year
period, broken down by sex, published in the document titled "Proyecciones de Población del Peru
1995-2025" (Peruvian population
forecasts 1995-2025), official memorandum No. 199-98-INEI/DTDES, dated August
18, 1998, from the head of the National Institute of Statistics and Informatics;
u) Certification issued by the Office of Remunerations
and Benefits of the Office of Personnel of the "Ministry of the Interior" on a sociologist’s salary at that
agency as of September 1998; and
v) Urgent Decree 074-97, dated July 31, 1997, published
in "El Peruano" on August 3, 1997, on the minimum
lifetime remuneration of workers in the private sector in Peru.
33. The Commission
and the victim’s next of kin made no objections to the documents submitted
by the State.
OTHER EVIDENCE
34. On April 29, 1998, the victim’s next of kin reported that given the request made by the President (supra 11) and "the limited means they had to produce the evidence, " the victim’s next of kin would not be deposed before the Court and would instead submit