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Barrios Altos Case
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Right to life — Right to humane treatment — Right to a fair trial — Right to judicial protection — American Convention on Human Rights, 1969 (“the Convention”) — Peru party to the Convention — Human rights violations — Peruvian State agents assassinating and seriously injuring persons in Barrios Altos incident — Peruvian legislation granting amnesty to agents responsible — Articles 4, 5, 8 and 25 of the Convention — Whether Peru violating the Convention — Whether Peru failing to comply with Articles 1(1) and 2 of the Convention
Relationship of international law and municipal law — American Convention on Human Rights, 1969 — Peruvian Amnesty Laws — Whether compatible with the Convention — Whether Peru violating international obligations in adopting Peruvian Amnesty Laws — Whether Peruvian Amnesty Laws having any legal effect — Whether Peru failing to comply with Articles 1(1) and 2 of the Convention — Whether Peru violating Articles 8 and 25 of the Convention
State responsibility — Recognition of international responsibility expressed by Peruvian State — Acquiescence — Effect — Inter-American Court of Human Rights
International tribunals — Inter-American Court of Human Rights — Judgment on the merits — Meaning and scope — Whether applicable only to instant case — Request for interpretation — Admissibility of request — Whether decision in judgment on merits on Peruvian legislation having generic effects — Article 67 of the Convention — Article 58 of Court Rules of Procedure
Damages — Reparations — Monetary and other — Agreement on reparations between parties — Inter-American Court of Human Rights — Competency to decide on reparations — Articles 62 and 63(1) of the Convention — Whether agreement on reparations compatible with Convention — Whether justly compensating victims and next of kin — Whether repairing consequences of human rights violations
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- © Cambridge University Press 2009