26
information on the real name of the soldier identified by the complainants as the
perpetrator of the killing.33
72(31) On September 30, 2002, the inspector of the Second Military Region sent
information to the Secretaría General de la Comandancia General del Ejército
(General Secretariat of the Peruvian Army Forces Command) regarding some
pseudonyms associated with the investigation that appeared on the records of the
34th Infantry Division, which oversees Vilcashuamán.34 Despite having obtained this
information, the investigation was not reopened.
72(32) On December 7, 2004, the “Fiscalía Superior Decana de Ayacucho” (Ayacucho
Superior Attorney’s Office) ordered that the record of the investigation into the facts
of the case be referred to the Fiscalía Especializada en Derechos Humanos (Special
Prosecutor’s Office for Human Rigths) and to the Comisión Distrital Descentralizada
de Control Interno del Distrito Judicial de Ayacucho (Decentralized District
Commission for the Internal Control of the Judicial District of Ayacucho).35
72(33) On January 14, 2005, the body of Mr. Bernabé Baldeón-García was exhumed
in the presence of Crispín and Fidela Baldeón-Yllaconza, the victim’s children.36
72(34) On the same day, the EPAF (the Peruvian Team of Forensic Anthropology)
issued an expert report,37 stating that the body of the victim, “a man, probably over
60 year of age,” was fully “skeletonized” and complete, except for some missing
bones in his feet and hands, and a rib. The aforementioned report described injuries
involving fractures of the sternum and ribs. The report also described injuries in the
“skull, atlas, and third and fourth cervical vertebrae, which might suggest the
passage of a firearm projectile.” “Multiple fractures” were observed “in the costal
arches, whose etiology could not be determined because of the state of the
remains.” The report also describes “postmortem injuries to the scapulae, pelvis, and
thoracic vertebrae.” 38
33
Cf. order for temporary suspension issued by the Fiscal Provincial de la Provincia de Vilcashuamán
(Vilcashuamán Province General Attorney) on December 26, 2001 (record of Appendixes to the complaint,
Appendix 22, page 101).
34
Cf. letter by the inspector of the Second Military Region, Brigadier General Felipe Villagra-Barriga,
dated September 30, 2002 (record of Appendixes to the complaint, Appendix 24, page 104).
35
Cf. resolution issued by the Fiscalía Superior Decana de Ayacucho (Ayacucho Superior Attorney’s
Office) on December 7, 2004 (file before the Inter-American Commission, pages 418 and 419).
36
Cf. article published in “La República” newspaper on January 17, 2005, entitled "Peritos confirman
muerte por tortura" (Medical Experts Confirm Death by Torture) (record of Appendixes to the complaint,
Appendix 25, page 105); sworn statement made by Crispín Baldeón-Yllaconza on January 4, 2006 (record
of affidavits, pages 619 to 624); and expert witness report issued by the Peruvian Team of Forensic
Anthropology in the case of Bernabé Baldeón-García (record of Appendixes to the submission of requests
and arguments, Appendix 1, pages 475 to 501).
37
Cf. expert witness report issued by the Peruvian Team of Forensic Anthropology in the case of
Bernabé Baldeón-García (record of Appendixes to the submission of requests and arguments, Appendix 1,
pages 475 to 501).
38
Cf. Expert witness report issued by the Peruvian Team of Forensic Anthropology in the case of
Bernabé Baldeón-García (record of Appendixes to the submission of requests and arguments, Appendix 1,
pages 474 to 501); and expert witness report issued by María Dolores Morcillo-Méndez on January 3, 2006
(record of affidavits, pages 630 to 641).