17
before, Mr. Anzualdo Castro had expressed his concern about it in the offices of
APRODEH.48
47.
The Court also notes that the disappearance of Kenneth Ney Anzualdo Castro
clearly followed the modus operandi of the practice of forced disappearances of the
time, in particular the ones perpetrated against university students.
48.
This practice constituted, according to the report of the Truth and
Reconciliation Commission (hereinafter, “CVR”), one of the steps in the procedure
used as part of the counter-subversion plan implemented systematically by state
agents between 1988 and 1993, in great part of the national territory and that
became more important when the Executive power decided that the Armed Forced
would replace the Police Forces in the internal control and combat of subversion. The
members of the Armed Forces are held responsible for most of the victims of this
practice49. The general profile of the victims of forced disappearances at the hands of
state agents is groups of relatively younger and more educated people than the rest
of the community,50 especially in comparison to the victims attributed to Sendero
Luminoso. Moreover, even though the peasants constitute the larger group among
the victims of forced disappearance, this practice was proportionally most used
against university students.51 The Court notes that the CVR called upon the father of
Kenneth Anzualdo to declare and he rendered a statement at a hearing together with
the parents of another two disappeared persons, given the fact that they are cases
that represent what happened to a great number of students.52
49.
The modus operandi used in the forced disappearances had the following
characteristics or stages: “selection of the victim, arrest of the individual, holding the
victim at a detention site, possible transfer to another detention center,
interrogation, torture and processing of the information obtained, the decision to
eliminate the victim, the physical elimination, the concealment of the victims’
remains [and] the use of the State’s resources.”53 The common denominator
throughout the entire process would have been “the denial of the very fact of the
arrest and the withholding of any information whatsoever about what was happening
to the person under arrest.” Consequently, the person would be entering an
established circuit of clandestine detention, from which he or she would be very
48
Cf. statement of Ruben Dario Trujillo Mejia before the Office of the Fifth Provincial Prosecutor for
Criminal Matters of Callao, of January 24, 1994 (record of evidence, volume V, appendix 11 to the
application, pages 1740-1742); affidavit of Javier Roca Obregón, of March 16, 2009 (record of evidence,
volume XI, pages 4363- 4367) and statement rendered by Félix Vicente Anzualdo Vicuña at the public
hearing held before the Inter-American Court on April 2, 2009.
49
Cf. Final Report of the CVR, 2003, volume VI, chapter 1.2 Forced Disappearance of people by
state agents, pages 79-81, available at http://www.cverdad.org.pe/ifinal/index.php
50
Final Report of the CVR, 2003, volume VI, chapter 1.2 Forced Disappearance of people by state
agents, pages 84-85, available at http://www.cverdad.org.pe/ifinal/index.php
51
Cf. Final Report of the CVR, 2003, volume VI, chapter 1.2 Forced Disappearance of people by
state agents, pages 103, available at http://www.cverdad.org.pe/ifinal/index.php. See also, Case of
Castillo Páez V. Perú. Merits. Judgment of November 3, 1997. Series C No. 34, para. 42.
52
CVR, public hearings in Lima, Case 26, Fourth Sessions, June 22, 2002 (record of evidence,
volume VIII, appendix 11 to the brief of pleadings and motions, page 2755).
53
Final Report of the CVR, 2003, volume VI, chapter 1.2 Forced Disappearance of people by state
agents, pages 84, available at http://www.cverdad.org.pe/ifinal/index.php
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