Legal Material

Case of Baldeón García v Peru, Yllaconza Ramirez de Baldeón and ors (on behalf of Baldeón García) v Peru, Merits, reparations and costs, IACHR Series C No 147, IHRL 1531 (IACHR 2006), 6th April 2006, Inter-American Court of Human Rights [IACtHR]



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Whether Peru was responsible for violations of Articles 4 (right to life), 5(right to humane treatment), and 7 (right to personal liberty), in connection with Article 1(1) (obligation to respect rights) of the American Convention on Human Rights (‘ACHR’), as a result of the victim’s deprivation of life and the subsequent failure to investigate and punish the perpetrators.

Whether Peru’s initial failure to conduct an adequate investigation into the victim’s death and its subsequent delay in completing judicial proceedings to identify and punish the perpetrators violated the rights of the victim’s next of kin under Articles 8 (right to a fair trial) and 25 (right to judicial protection) of the ACHR.

Whether the facts as accepted constituted a violation of Article 5 of the ACHR and furthermore, whether Articles 2 and 3 of the Inter-American Convention to Prevent and Punish Torture were applicable.

Keywords: Duty to investigate; Human rights, freedom from torture and cruel, inhuman, or degrading treatment; Human rights, right to effective remedy; Human rights, right to fair trial; Human rights, right to liberty and security of person; Human rights, right to life

Legal Material.  38259 words. 

Subjects: International Responsibility ; Public International Law ; International Law ; Law

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