7
*
*
*
21.
That regarding subparagraph (c) of the fourth operative paragraph (supra first
having seen paragraph), in relation to the obligation to investigate, the State reported
that, by a resolution of September 19, 2002, an investigation had been initiated by the
Office of the Special Prosecutor for Forced Disappearances [and] Clandestine Graves
(hereinafter “Office of the Special Prosecutor for Forced Disappearances”), against
military and police agents and those found responsible in this case. In addition, a
multidisciplinary team had been established to study the remains of the detainees who
died in the former San Juan Bautista Prison. In this regard, the State indicated that it
had “complied by doing everything possible to encompass all the masterminds and
perpetrators, a criminal complaint having been filed [on April 5, 2002,] by the Office of
the Special Prosecutor for Forced Disappearances against some of the perpetrators,
and the proceedings were being heard by the First Supra-provincial Court of Lima,
while a complaint relating to a point of law [queja de derecho] filed by the State and
the next of kin was pending a decision […].”
22.
That, regarding the investigation into the facts, the representatives indicated
that, to date, the military courts had not forwarded the complete judicial case file to
the Office of the Special Prosecutor for Forced Disappearances, which had repeatedly
asked the Supreme Council of Military Justice for the file corresponding to the events
of June 18 and 19, 1986. They also referred to various measures taken in the domestic
sphere. Among these, they indicated that, on November 30, 2004, the Office of the
Special Prosecutor for Forced Disappearances had “filed a criminal complaint against
ten members of the Peruvian Navy” before the sitting Supra-provincial Criminal Court
for the events that had occurred on June 18 and 19, 1986. In the same decision, that
Office ordered “the definitive filing of the investigations in favor of those who, at the
time of the facts, occupied either a position of authority or senior commands in the
Peruvian navy.” They also indicated that an application for habeas corpus had been
filed by one of the men criminally accused by the Special Prosecutor’s Office, and this
had been decided by the Third Criminal Chamber for the accused who are at liberty
(Reos Libres) on May 10, 2007, “in final and definitive instance, adduc[ing] that it had
not observed any actions by the Attorney General’s Office (Ministerio Público) or the
Judiciary that would have interrupted the time period before the statute of limitations
came into force, and that the exceptional period was not applicable; consequently it
referred to a period of 20 years,” as established by Peruvian law. The representatives
also advised that, since the Third Criminal Chamber was unable to decide
unanimously, as required by article 141 of the Organic Law of the Judiciary, an
additional member had to make a ruling in this regard. Hence, the representatives
considered that, based on the Criminal Chamber’s decision and the ruling of the
provisional member, Malson Urbina La Torre, declaring the criminal action filed by the
complainant on March 12, 2007, to be time-barred, the State had failed to comply with
the Court’s judgment.
23.
That, regarding the obligation to investigate and, if applicable, punish those
responsible, the Inter-American Commission indicated, inter alia, that the State had
adopted various measures to conduct investigations to prosecute and, if applicable,
punish those responsible. Despite those efforts, the Commission also noted that the
investigations needed to be conducted with sufficient promptness, objectivity and
impartiality to guarantee the timely adoption of the appropriate judicial decisions, in
order to avoid the facts going unpunished. The Commission drew attention to the fact
that a prosecutor is conducting an investigation into the military and police agents and