48 147. Moreover, the State pointed out that it was adopting the necessary measures to avoid impunity since the Office of the Provincial Special Prosecutor for Human Rights has filed a complaint for the alleged commission of the crime against humanity- forced disappearance (supra para. 12). As to that complaint, the representatives held that even though it is a progress, it does not include the perpetrators of the forced disappearance. 148. In this regard, according to evidence, on December 17, 2008 this Prosecutor’s Office arraigned several accused people for the alleged crime against humanity – forced disappearance- to the detriment of the society and Kenneth Ney Anzualdo Castro, among other people, and for breach of the peace as conspiracy to commit a crime against the State193. On March 31, 2009 it was issued the order to commence the preliminary proceedings. Regarding this new investigation against Montesinos, there is no information either about the measures adopted. In this way, the State has not provided a satisfactory explanation about the need, opportunity and relevance of instituting a new criminal proceeding for the same facts that were being investigated. 149. As to the extradition proceeding and investigation conducted against former President Fujimori, this Court notes that even though the request for extradition was declared admissible by the President of the Special Criminal Chamber of the Supreme Court of Justice of Peru for the crime of forced disappearance to the detriment of Mr. Anzualdo Castro et al194, the Supreme Court of Chile tuned down the request in relation to the crimes of abduction committed at the “basements of the SIE”195. In this regard, the Tribunal has not received information about the 193 Cf. complaint of the Office of the Special Provincial Prosecutor on Crimes against Humanity of December 17, 2008 (record of evidence, volume XII, appendix to the brief of the State of March 26, 2009, pages 4402-4422). 194 Cf. order for preliminary proceedings to commence issued by the Office of the Investigating Magistrate of the Permanent Criminal Chamber of the Supreme Court of Justice of Peru of January 5, 2004 (record of evidence, volume V, appendix 6 to the application, pages 1698-1704); final report of the Investigating Magistrate’s Office of September 1, 2004 (record of evidence, volume VII, appendix 39 to the application, pages 2421-2427); opinion N° 167-2004-MP-FSC of the Supreme Attorney’s Office for the Second Instance before the Special Criminal Chamber of the Supreme Court of December 10, 2004 (record of evidence, volume VII, pages 2429-2435 and 2478/2479); Report of the Ad Hoc Attorney General’s Office for the cases of Fujimori- Montesinos of July 16, 2007 (record of evidence, volume V, appendix 35 to the application, pages 1900-1901); request for identification of Kenneth Ney Anzualdo Castro as aggrieved party presented on November 29, 2005 (record of evidence, volume V, appendix 21 to the application, pages 1797-1799); notice of the court order to expand of February 8, 2006 (record of evidence, volume V, appendix 22 to the application, page 1801); Request to Expand the Active Extradition, filed by the Ad Hoc Attorney General’s Office of March 21, 2006 (record of evidence, volume VIII, Appendix 16 to the brief of pleadings and motions, pages 2909-2936); Decision of the Special Criminal Chamber of the Supreme Court of Justice of the Republic, of May 5, 2006 (record of evidence, volume X, Appendix 31 to the response to the application, pages 4068-4073); Supreme Final Decision of the First Transitory Criminal Chamber of the Supreme Court of Justice of June 21, 2006 (record of evidence, volume V, appendix 1 to the application, pages 1598-1613); decision of the First Transitory Criminal Chamber of the Supreme Court of Justice of July 13, 2006 (record of evidence, volume V, appendix 23 to the application, pages 1803-1806) and opinion of the prosecutor N° 038-2007-2°FSP-MPFN of July 31, 2007 (record of evidence, volume VII, appendix 39 to the application, pages 2496- 2527). 195 On June 7, 2007 the State Attorney to the Supreme Court of Chile concluded that the Supreme Court of Chile should dismiss the request for extradition of Fujimori filed by the Government of Peru for the crimes of abduction "Basements of SIE.” In the decision of September 21, 2007 the Second Criminal Court of the Supreme Court of Chile decided to reject the extradition regarding the case of forced disappearance of Kenneth Ney Anzualdo Castro inasmuch as “the existence of illicit acts, subject-matter of said requests, is not justified.” Cf. report of the State’s Attorney Office to the Supreme Court of Chile of June 7, 2007 (record of evidence, volume VIII, appendix 17 to the brief of pleadings and motions, pages 2938-2992) and excerpts of the judgments of July 11, 2007 and September 21, 2007 (record of evidence, volume VIII, appendix 17 to the brief of pleadings and motions, pages 2993-2008) and volume X, appendix 31 to the response to the application, pages 4090-4094).