5
the National Criminal Court and the Public Ministry for their respective
pronouncement.” Despite the fact that Peru” has not complied with its obligation to
submit information,” they indicated that “the State is complying with this
obligation. However, […] monitoring should continue as the criminal proceedings
for these acts have not yet concluded, and the final decision on the request for the
prescription period application made by one of the accused is still pending.”
Subsequently, the representative stated that, through a media report, they learned
that in the criminal proceeding “the 35th Criminal Court of Lima accepted the
request for a writ of [habeas corpus] filed [by one of the defendants] against the
Second Supraprovincial Criminal Prosecutors Office” and nullified the criminal
proceedings. This judgment “has not considered the Fourth Supraprovincial
Criminal Court —the Court that began the proceedings against [the accused]— as a
defendant; moreover, it has extended its effect to persons who had not filed the
[habeas corpus] request.” Finally, they stated that this resolution was reversed on
an appeal filed by the Second Supraprovincial Criminal Prosecutors Office. They
affirmed that, in any case, "they have not received any response [to the] brief
whereby [they] requested to intervene as third part[ies]" in the proceeding. Finally,
they requested that the State submit information on the main procedural steps
taken during the judicial investigation stage of the present case.
10. The Commission observed with concern “that the State had not presented
information with regard to this reparation measure” and recalled that the scope of
this measure implies that: i) the State has a duty to investigate and sanction all
those responsible; ii) that it must remove all de facto and de jure obstacles that
impede proper investigation of the facts, and iii) that it must not adopt any
domestic law measures to make itself exempt from this obligation.
11. It is evident from the Judgment that the State should have immediately
investigated the acts that caused the violations it identified therein, and identified,
prosecuted, and, if applicable, punished those responsible. Furthermore, Peru was
to report on the measures adopted within one year of notification of the Judgment,
a term which concluded on August 3, 2008. Given the lack of information, the
Tribunal, by way of the Order of September 21, 2009, again requested that the
State report on the measures adopted to comply with the Judgment, and that it
submit the relevant information by January 29, 2010. However, the State has still
not submitted information on the measures taken to effectively comply with this
obligation.
12. The Court notes that the State is not complying with its obligation to report on
progress made regarding compliance with obligations set forth in the Judgment and
considers it critical that Peru provide updated, complete and detailed information
on the measures undertaken and the advances made with the corresponding
process. Therefore, it orders the State to forward this information, along with
copies of the main proceedings, including all the relevant information on the
habeas corpus proceeding, which the representatives reported on.
b) Obligation to grant scholarships
13. Regarding the obligation to grant scholarships to Ulises Cantoral Huamaní, Pelagia
Mélida Contreras Montoya de Cantoral and the children of Saúl Cantoral Huamaní
(operative paragraph two of the Judgment), the State only reported that on May 8,
2009, the Supranational State Prosecutor's Office requested the Dean of
Universidad Nacional Mayor de San Marcos to grant a scholarship to Brenda