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.”

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