5
of those responsible for crime concealment in relation to these proceedings; and iii) that,
through “efficient collaboration agreements,” former members of the Colina Group agreed to
surrender information concerning the events under investigation. In relation to the delays in
the investigation, they pointed out that: i) judicial proceedings N° 68-2007 against
Vladimiro Montesinos were still pending resolution, and the case file was forwarded to the
Third Special Criminal Anticorruption Division after expiration of the investigation deadline;
ii) that the judgment delivered in judicial proceedings N° 19-2001-AV against Alberto
Fujimori-Fujimori was appealed against for annulment; and iii) that the State should furnish
information on the measures adopted to locate and arrest the fugitive defendants in
proceedings N° 03-2003, on whom prosecution reserve was imposed. Furthermore, they
stated that the First Criminal Special Division was conducting a criminal process,
undisclosed by the State, against Alberto Pinto-Cárdenas and Wilmen Yarlequé-Ordinola,
who were convicted on July 3, 2008 to 20 years' imprisonment for the events in the instant
case. Upon filing of an appeal for annulment, the conviction and sentence imposed on
Wilmen Yarlequé-Ordinola was affirmed, the conviction against Alberto Pinto-Cárdenas was
declared null and void, and an order granting a new trial was entered. Therefore, they
considered that monitoring compliance with this measure of reparation should remain open.
9.
That, concerning the measures adopted by the State, the Commission considered
that important actions aiming to complete the investigation, prosecute and punish those
responsible were taken, while it is awaiting information on the progress thereof.
10.
That the Court highly appreciates the efforts made in furtherance of the investigation
of the events. Thus, the criminal liability of several individuals responsible for the violations
committed in the instant case, including former high-rank State officers, has been declared,
while some proceedings are still pending final resolution. For this reason, the Tribunal
understands that even though the State has made great progress in the investigation of the
complex structure of the individuals involved in the planning and execution of the grave
human rights violations in the instant case, further investigation should be made.
Consequently, in order to continue monitoring compliance with this paragraph, the Court
requires the State to keep informing on the progress of the ongoing investigations and/or
on any new investigative actions, as well as on the results of the “efficient collaboration
agreements,” on the fugitive defendants, on the process reported by the representatives,
and on the appeal for annulment filed in judicial proceedings N° 19-2001-AV.
*
*
*
Search for and identification of disappeared victims
11.
That in relation to the duty to forthwith search and identify the mortal remains of the
victims and, in turn, deliver them as soon as practicable to their relatives and bear the
burial costs (operative paragraph ten of the Judgment,) the State informed that on July 17,
2008, at the premises of the Equipo Peruano de Antropolgía Forense (Peruvian
Anthropological Forensic Team), six funerary coffins were delivered to the victims' next of
kin, through their representatives, who were also offered burial services consisting of two
funeral hearses, a funeral chapel and transportation for funeral and burial services. The
evidence furnished by the State shows that the expert witnesses “determined that the
remains were incomplete and that they belonged to 8 adult individuals, there were two bone
parts of two females, the remains of a third individual did not match the saliva samples
taken from eight out of ten next of kin, for there was a likelihood that this bone part
belonged to Felipe Flores-Chipana or Manuel [Marcelino Máximo] Rosales-Cárdenas. They
ruled out that the female pelvis and femur bone parts did not belong to Bertila Lozano, but