42
photography, among other things161. Furthermore, on April 26, 1994 an inspection
and verification procedure was carried out at the Detention Center, at Callao Naval
Base, where it was asked if, between December 15 and 25, 1993, Mr. Anzualdo was
admitted “as detainee”, to which they answered that “no civilian is admitted as
detainee”162. Finally, an inspection was conducted at the premises where it was
verified that no civilian personnel were at said place163.
131. Even though some procedures were carried out, the truth is that it spring from
the court file that said investigation was not correctly and timely oriented since its
beginning by the authorities in charge of it, and that certain crucial actions to
determine the fate or whereabouts of Mr. Anzualdo Castro, such as to forward
communications to detention centers and official agencies where people deprived of
liberty could be or conduct inspections into said premises, were not immediately
taken. In this sense, the only measure adopted was the inspection and verification
more than four months after the disappearance, which had a negative result.
Moreover, the authorities did not summon other eyewitnesses of the moment in
which Mr. Anzualdo Castro was forced to get off the bus and arrested.
132. Besides, the lack of effectiveness of this first investigation is deduced from the
content of the decision to provisionally close the investigation issued on June 3, 1994
by the Office of the Fifth Prosecutor for Criminal Matters of Callao, which held,
without any serious logical ground , that “it is deduced that the aforementioned is a
sympathizer of the seditious group [Sendero Luminoso], based on the seized
newspapers, and, therefore, he may have been intercepted by members of the Navy
or the police, or, alternatively, he may have gone underground ”164. It does not spring
from said decision, even though the Prosecutor’s Office acknowledged that there
might have been state officers involved in the disappearance of Mr. Anzualdo Castro,
any measure tending to elucidate if he was detained by a state authority or to identify
the responsible and determine the possible criminal responsibilities. The Office of the
First Superior Court Prosecutor upheld the provisional closure of the
proceedings165.
133. The fact that the body in charge of the investigation closed- though,
provisionally- the investigation into the forced disappearance of Mr. Anzualdo Castro
without exhausting any of the investigative hypothesis mentioned, based on an
alleged connection with Sendero Luminoso, proves that it acted in a manner that is
not consistent with its role to conduct a formal, objective, thorough and effective
investigation. In this sense, the Court has already established that “the principle of
legality ruling the acts performed by public officials, which governs the activities of
161
Cf. search warrant issued by the Deputy Prosecutor of the Office of the Fifth Provincial Prosecutor
for Criminal Matters of Callao of January 17, 1994 (record of evidence, volume V, appendix 11 to the
application, pages 1738-1739).
162
Cf. Inspection and verification record, Detention Center at the Naval Base of Callao of April 26,
1994 (record of evidence, volume V, appendix 11 to the Application, pages 1748-1749).
163
Cf. Inspection and verification record, Detention Center at the Naval Base of Callao of April 26,
1994 (record of evidence, volume V, appendix 11 to the Application, pages 1748-1749).
164
Cf. Decision issued by the Office of the Attorney General, Office of the Fifth Provincial Prosecutor
of Callao, on June 3, 1994 (record of evidence, Volume V, Appendix 2 to the application, pages 1615/1616
and appendix 11 to the application, pages 1750/1).
165
Cf. appeal in complaint appeal filed before the First Superior Court Prosecutor of Callao, on
October 27, 2004 (record of evidence, volume V, appendix 10 to the application, pages 1725-1726) and
report of the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao of November 26, 1997
(record of evidence, volume V, appendix 11 to the application, pages 1753-1754).
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