56
178. In that regard, the State indicated that "it is
and the due process and the guarantees of access to
is to individualize the person or persons who were
disappearance of Kenneth Ney Anzualdo Castro.” In
existence of a criminal proceeding that is pending.
respectful of the human rights
justice [...] [therefore] its goal
the perpetrators of the forced
order to do so, it recalled the
179. The State is under a duty to use all means available to fight the situation of
impunity surrounding the instant case, as impunity fosters the chronic repetition of
human rights violations and the total defenselessness of the victims and their next
of kin, who are entitled to learn about truth of the facts.219 Therefore, the
acknowledgment and the exercise of this right to know the truth, in a specific
situation, becomes a relevant means for redress (supra para. 118).220
180. As with other cases,221 the Court views as a significant first step towards
reparation the publication of Peru’s Truth and Reconciliation Commission Final
Report, which includes the case of Mr. Anzualdo Castro, as effort that has
contributed to the search for and determination of the truth in a historical period of
Peru. Without detriment to the foregoing, the Court considers it is appropriate to
establish that the recognition of “historical truths” contained in that report should not
be understood as a substitute to the obligation of the State to establish the truth and
ensure the judicial determination of individual and state responsibilities through the
corresponding jurisdictional means222. This is how the State understood it when it
kept open the investigations after the report was issued.
181. Based on the foregoing, as well as the case- law of this Tribunal223, the Court
orders the State to effectively carry out the criminal proceedings that are in process
and any future proceedings in relation to the forced disappearance of Kenney Ney
Anzualdo Castro, in order to determine the corresponding responsibilities of the
perpetrators and instigators for the facts of the case and to apply the appropriate
legal provisions. The State must conduct and conclude the corresponding
investigations and proceedings within a reasonable time, in order to establish the
whole truth of the facts, in light of the criteria mentioned regarding the
investigations in cases of forced disappearance (supra para. 135).
182. The Court recalls that, in compliance with this obligation, the State must
remove all obstacles, both factual and legal, that hinder the effective investigation
into the facts and the development of the corresponding legal proceedings, and use
all available means to expedite such investigations and proceedings, in order to
ensure the non-repetition of facts such as these. Specially, this is a case of forced
disappearance that occurred within a context of a systematic practice or pattern of
disappearances perpetrated by state agents; therefore, the State shall not be able to
219
Cf. Velásquez Rodríguez V. Honduras. Merits, supra note 11, para. 174; Case of Kawas Fernández
V. Honduras, supra note 14, para. 190; and Case of Heliodoro Portugal V. Panamá, supra note 58, para.
244.
220
Cf. Velásquez Rodríguez V. Honduras. Merits, supra note 11, para. 181; Case of Kawas Fernández
V. Honduras, supra note 14, para. 190; Case of Tiu Tojín V. Guatemala., supra note 59, para . 103.
221
Cf. Case of La Cantuta V. Peru, supra note 58, para. 223 and 224.
222
Cf. Case of Zambrano Vélez et al. V. Ecuador, supra note 38, para. 128; Case of Almonacid
Arellano et al. V. Chile, supra note 9, para. 150.
223
Cf. Case of Baldeón García V. Perú. Merits, Reparations and Costs. Judgment of April 6, 2006;
Series C No. 147, para. 199; Case of Kawas Fernández V. Honduras, supra note 14, para. 191; Case of
Perozo et al. V. Venezuela, supra note 6, para. 414.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents