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