5
17.
The November 29, 2002 report of the State, in which it reiterated “ha[ving]
complied with the payment for monetary reparations” awarded by the Court. Also, it
reported that an investigation was being carried out by the Public Prosecutors Office.
18.
The December 3, 2002 report of the State, in which it pointed out that “the
criminal process initiated against the presumed responsible of the arrestdisappearance of Ernesto Castillo Páez [was] following the course stated in Peruvian
law.” In line with this, several witnesses had deposed and the first examination of
the accused had taken place. Also, the State reported that, at the date of the report,
“the investigative stage of the criminal proceedings ha[d] ended” and was “awaiting
the Prosecutor’s Opinion,” which had not been given due to a strike at the Judiciary
Branch of the Government.
19.
The March 25, 2003 brief of the next of kin of the victim, in which they stated
no defendant had been arrested as of that date, and that many of them continued to
serve at the Police; that the trial against the presumed responsible was being
“handed from one judge to another,” and that, after over twelve years from the
disappearance of the victim and four years after the Inter-American Court delivered
a Judgment declaring the responsibility of the State in the instant case, those
responsible for the crime had not been identified and arrested, and no sentence had
been passed on them, and that the mortal remains of the victim continued to be
unlocated.
20.
The April 9, 2003 report of the State, pointing out the existence of “various
factors beyond State control [that] have resulted in a tremendous increase in the
procedural load of the different bodies of the Judiciary.” For this reason, the
Judiciary is undergoing a reform process and reiterated the terms of its December 3,
2003 report (supra Having Seen 18) in relation to the progress made by the State in
terms of the obligation to investigate the facts, identify, and punish those
responsible, established on the Judgment on reparations.
21.
The June 19, 2003 brief of the representatives of the next of kin, in which
they confirmed that “the measures mentioned by the representative of the State in
his report, have effectively been taken.” They considered, however, that “the State
[…] (the Judiciary) ha[d] not given this process the attention it deserve [d],” as the
process has been conducted by three different judges in the investigative stage for
eighteen months; that the facts had not been interpreted as establishing the crime of
forced disappearance since, at the time the facts took place, forced disappearance
was not a statutory offence in Peruvian criminal legislation, in spite of this being a
crime against humanity, which has resulted in a different focus on the investigation
in the instant case and in allowing the indictees to remain at large, since “both the
indictees and the members of the top management of the Peruvian Police, as well as
the representatives of the Executive Branch of the State and the officers of the Home
Office , had taken various actions aimed at hindering and distorting the
proceedings.” Also, they reported that a reconstruction of the crime was not ordered
in the brief to start the investigative stage, but rather was made upon request of the
Castillo Páez family, and that the Prosecutor had issued a final and an extended
opinion, and the judge had issued the Final Report; and that in all three documents
the perpetration of abduction to the detriment of Ernesto Rafael Castillo Páez was
established. However, they differed in terms of the number of suspects in relation to
what occurred to the victim.
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