in the Order requiring them 54 and the purpose of this case, and they will be assessed in the
corresponding chapter, together with the rest of the body of evidence, taking into account the
observations of the parties. In addition, pursuant to this Court’s case law, the statements made by
the presumed victims cannot be assessed in isolation, but must be evaluated together with the
whole body of evidence in the proceedings, because they are useful insofar as they can provide
further information on the presumed violations and their consequences. 55
51.
During the public hearing, the representatives asked the Court not to accept the validity of
the expert opinion of Esteban Segundo Abad Agurto provided by affidavit, considering that the
author failed to cite the sources of his information, and it had been noted that parts were a literal
copy from other reports. 56 In its final written arguments, the State indicated that, having analyzed
the situation, it had “reconsidered its decision to offer and to use the said expert opinion as
evidence,” and expressly asked the Court not to take it into consideration because it was
withdrawing it forthwith.
52.
Taking into account the specific circumstances of the case, and having verified that several
parts of the expert opinion are copied textually or paraphrased from the contents of the report
entitled “En Honor a la Verdad” without this report having been cited in the opinion, the Court
decides to accept the withdrawal of this document and, thus, it will not be considered part of the
body of evidence in this case.
VI
FACTS
A.
Context
53.
Starting at the beginning of the 1980s and up until the end of 2000, Peru endured a conflict
between armed groups and members of the military and police forces. 57 In previous cases, this
Court has recognized that this conflict intensified amid a systematic practice of human rights
violations, including extrajudicial executions and the enforced disappearance of persons suspected
of belonging to illegal armed groups, such as the Peruvian Communist Party, Sendero Luminoso
(hereinafter “Shining Path”) and the Túpac Amaru Revolutionary Movement (hereinafter “MRTA”),
acts carried out by State agents on the orders of leaders of the military and police forces. 58
54
The purposes of all these statements was established in the Order of the acting President of the Court for this case
of
July
8,
2013,
first
and
fifth
operative
paragraphs,
available
on
the
Court’s
website
at:
http://www.corteidh.or.cr/docs/asuntos/osorio_08_07_13.pdf
55
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 22, para. 43, and Case
of Luna López v. Honduras, supra, para. 16.
56
Specifically, the representatives argued with regard to the expert’s opinion that most of the paragraphs were
copied from other reports without any reference, including information taken directly from monografías.com and from the
report identified as “En Honor a la Verdad” of the Permanent Historical Commission of the Peruvian Army.
57
Cf. Truth and Reconciliation Commission, Informe Final, 2003, volume I, Chapter 1, pp. 54 and 55 (evidence file,
volume III, annex 2 to the submission of the case, folios 1187 and 1188). See also, Case of the Miguel Castro Castro Prison
v. Peru. Merits, reparations and costs. Judgment of November 25, 2006. Series C No. 160, para. 197.1.
58
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 46; Case of
Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34, para. 42; Case of Cantoral Benavides v.
Peru. Merits. Judgment of August 18, 2000. Series C No. 69, para. 63; Case of the Gómez Paquiyauri Brothers v. Peru.
Merits, reparations and costs. Judgment of July 8, 2004. Series C No. 110, para. 67(a); Case of Baldeón García v. Peru.
Merits, reparations and costs. Judgment of April 6, 2006. Series C No. 147, para. 72.2; Case of the Miguel Castro Castro
Prison v. Peru, supra, para. 197.1, and Case of La Cantuta v. Peru. Merits, reparations and costs. Judgment of November
20