INTER AMERICAN COURT OF HUMAN RIGHTS: Gomez-Paquiyauri Brothers v. Peru


Facts: During 1991, two brothers, 14 and 17 year old at the time, have been tortured and killed by police officers, one of them particularly. Despite the investigation launched by the justice, the police officer has never been judged.

Claimants : Inter-American Commission of Human Rights

Rights at stakes:Obligation to respect the rights of the convention, obligation of non-discrimination, right to life, right to dignity, right to freedom, right to a fair trial, right to private life, rights of the child, obligation to take effective measures and punish the torture and cruel, inhuman and degrading treatments, obligation to prevent and punish torture, right of the victim to a compensation.

Texts: Inter-American Convention on Human Rights (IACHR): art 1, 1(1), 4, 4(1), 5, 7, 8, 11, 19; Inter-American Convention on Prevention and Repression of Torture: art 1, 6, 9

Solution: The Court estimated that the State had violated the Inter-American Convention on Human Rights and the Inter-American Convention on Prevention and repression of Torture because the person who committed the crime had not been sued, judged and punished, and that no compensation had been given to the family of the two killed children.