Furthermore, it added that the country also did not investigate and prosecute those responsible.
“Any use of force must be consistent with the basic principles of legality, necessity and proportionality” committee member said Carlos Gomez Martinez.
The Commission reached its conclusion after considering a lawsuit filed by the relatives of Emiliano García Mendoza and Rubén Pariona Camposano, along with about 700 others, who participated in a peasant protest in the Ayacucho Region, region south-central Peru.
As the protesters made their way to a street controlled by 12 law enforcement officers, the officer in charge threw a canister of tear gas at the crowd.
As the protesters dispersed, two shots were heard before both men fell to the ground bleeding profusely from head injuries. They died instantly.
Gómez Martínez reminded: “In peaceful protests, potentially lethal force of law enforcement officers must be an extreme measure that can only be used when necessary for protection. life or prevent serious injury from an imminent threat.
Brutal police Stem
The provincial prosecutor has filed a criminal indictment against a police officer, who admitted to using his weapon, for aggravated murder, demanding a 30-year prison sentence.
The Commission’s decision also emphasizes that States have a responsibility to take all necessary measures to prevent their law enforcement officials from being arbitrarily deprived of their lives.
“Guns must never be used for the sole purpose of dispersing a group‘ he added.
The procedure is broken
According to the Commission, judicial investigations into the two murders were not properly carried out.
In the most significant incident, the accused officer turned his gun into the armory, rather than the forensics department – and a subsequent examination of the weapon showed no sign of being fired.
As a result, the Supreme Court acquitted the defendant in 2013 and the Supreme Court of Justice upheld the acquittal in 2016.
The victims’ families then filed a complaint with the UN Commission in 2017.
The arbitrary deprivation of life by the government is a very serious matter – Personnel committee member
‘No legitimate grounds’
The Commission found that Peru violated the two deceased’s right to life and peaceful assembly, along with their loved ones’ right to an effective remedy.
“According to the results of the Forensic Institute forensic report, the shots were fired from a distance of about 25 meters when Mr. García Mendoza and Mr. Pariona Camposano had their backs turned, which means that the victims did not represent Mr. Gómez Martínez. speak. “Therefore, there are no legitimate grounds to open fire on the two victims,” he added.
The Commission asks Peru to conduct a thorough and effective investigation into the events leading up to the death, to impose administrative and criminal penalties on all responsible officers, and to compensate adequate for the loss suffered by families.
“The fact that the authorities arbitrarily take their lives is a matter of great concern. The obligation to protect the right to life also requires States Parties to investigate and prosecute cases of potential unlawful deprivation of life.punish the perpetrators and make full compensation,” he said.
More information about the Commission
The Human Rights Commission monitor Member States’ compliance with International Covenant on Civil and Political Rightsso far has been ratified by 173 member countries.
It is made up of 18 independent human rights experts who serve in their own capacity and not as representatives of the Member States.