4
6.
That pursuant with the second operative paragraph of the Judgment on
reparations issued by the Tribunal in this case (supra Having Seen paragraph 2),
the State shall investigate the forced disappearance of Mr. Castillo Páez committed
by “agents of the National Police of Perú […] on October 21, 1990;”3 identify and, in
its case, punish those responsible, as well as adopt the necessary stipulations
within its domestic law to guarantee compliance with this obligation.
7.
That as concluded from the Orders issued by the Tribunal in this case (supra
Having Seen paragraph 3), after the Judgment on Reparations was issued, on
January 22, 2001 the First Transitory Corporate Court Specialized in Public Law of
Perú, following the proceedings established in Article 151 of the Organic Law of the
Judicial Power regarding the internal process for carrying out the execution of
judgments of international courts,4 “forwarded to the Public Prosecutors’ Office the
proceedings of the Inter-American Court, requesting the start of the investigations,
in compliance with that ordered in the Judgment of the Inter-American Court dated
November 27, 1998” in the present case.
8.
That once the reports forwarded by the State and the observations to those
reports presented by the representatives and the Inter-American Commission have
been examined, it has been verified that the criminal proceedings started based on
the facts of the presented case followed, in general lines, the course detailed
below:
a) on August 29, 2001 the Thirty-Seventh Criminal Provincial Prosecutors’
Office of Lima filed a criminal complaint against sixteen officers of the
National Police Force “for the crime against freedom – kidnapping, in
detriment of Ernesto Rafael Castillo Páez”. On that opportunity, the Public
Prosecutors’ Office decided not to file a criminal complaint for “the crime
against humanity - forced disappearance,” after considering that is was not
in force “at the time at which the crime was committed,” reason for which
“the immediate filing of the proceedings in this sense” was ordered.” On
September 24, 2001 the Thirteenth Criminal Court of Lima issued the
corresponding order for the preliminary proceedings to commence and it
ordered the practice of several evidentiary proceedings;
b) on September 11, 2003, once the evidentiary proceedings ordered had been
carried out, the Thirty-Seventh Criminal Provincial Public Prosecutors’ Office
of Lima considered there was enough merit to move on to an oral trial and
file a substantial accusation. However, the Third Criminal Chamber of Lima
did not set a date for the start of the corresponding oral trial;
c) through the administrative order of September 30, 2004, the Executive
Council of the Judicial Power created the National Criminal Chamber, with
jurisdiction to “hear crimes against Humanity and crimes that constituted
3
Cf. Case of Castillo Páez v. Perú. Merits. Judgment of November 3, 1997. Series C No. 34,
merits, para. 71.
4
Cf. Article 151 of the Organic Law of the Judicial Power of June 2, 1993 (SUPREME DECREE N°
017-93-JUS at http://www.pj.gob.pe). Said Article states that “[t]he judgments issued by International
Courts, created pursuant with Treaties to which Perú is a State Party, are transcribed by the Secretary of
Foreign Affairs to the President of the Supreme Court, who forwards them to the Chamber that
exhausted the domestic jurisdiction and ordered the execution of the supranational judgment by the
competent Specialized or Combined Judge.”