7
28.
The Commission noted that, "more than three years after being presented at
Congress," the State has not advanced with processing the amendment of the law.
Regarding the decision of the Salas Penales Permanente y Transitorias de la Corte
Suprema de Justicia de la Republica del Perú [Permanent and Transitory Criminal
Chambers of the Supreme Court of Justice of Peru] on forced disappearance, referred
to by the representatives, it stated that in the case of Radilla the Inter-American
Court considered that "as long as the fate or whereabouts of the victim is unknown,
the forced disappearance is unchanged regardless of changes to the authors role as
a 'public official'." According to the Commission, in virtue of this precedent, the Salas
Permanente y Transitorias de la Corte Suprema de Justicia [Chambers of the
Permanent and Temporary Supreme Court] "do not conform to the constant
jurisprudence of the inter-American system regarding the definition of forced
disappearance of persons."
29.
The President-in-Office deems that, in virtue of the statements made by the
parties, it is necessary to have updated information and a detailed response from the
State on the observations made by the representatives and the Commission on the
effective compliance with this aspect of the Judgment. In particular, the State shall
report on measures taken to amend its criminal legislation for the purposes of
making them compatible with international standards on forced disappearance of
persons, with special attention to the provisions of the American Convention and the
American Convention on the Forced Disappearance Persons, in accordance with the
provision of the Judgment.
g) Regarding operative paragraphs thirteen, fourteen, and fifteen of the
Judgment
30.
As for the obligation to pay the remainder of the amounts awarded in the
Judgment (operative paragraphs thirteen, fourteen and fifteen of the Judgment), the
State reported that, through Proceedings No. 04-2010 of April 8, 2010, the el Fondo
Especial de Administración del Dinero Obtenido Ilícitamente [Special Fund for
Administration of Illegally Obtained Money] (FEDADOI) of the Ministry of Justice,
ordered that funds be made available to pay reparations in the case of Gómez
Palomino "to the sum of USD 155.000.00," of which "USD 125.000.00 [is for] Ana
María Gómez Guevara" and "USD 30.000.00 [is for] Mercedes Palomino Buitrón." The
Special Supranational Public Prosecutor sent official letters to the Director of the
General Administration Office, one on April 15, 2010 "to order the issuance of the
corresponding checks" and the other on May 6, 2010 "requesting the rescheduling of
payments to two beneficiaries [,] the minor Ana María Gómez Guevara [and]
Mercedes Gómez Buitrón who died and left behind a male minor"6. In response, on
May 12, 2010 the aforementioned Office informed the Prosecutor that "it is
necessary to exhaust all administrative procedures for the special handling of the
payment of the two beneficiaries: Ana María Gómez Guevara (minor) and the
intestate inheritance of the late Ms. Mercedes Palomino Buitrón, in order to request,
from the Office of Economy and Development, the payment appropriations schedule
for the month in which the transfer will accordingly be carried out." Furthermore, the
6
In the official letter of May 6, 2010 that the Special Supranational Public Prosecutor sent to the
Director of the General Administration Office, it mentions that Ana María Gómez Guevara, "as a minor,
requires special treatment when issued her reparation, which is being processed by the Court specialized
in the execution of Supranational Judgments," and Mercedes Gómez Buitrón "has died and has the
corresponding intestate inheritance which identifies her youngest son as the sole heir, who is 10 years old.
Once the dispute has been settled and it has been decided how to proceed in this case, APRODEH will
inform [the] Office of the Supranational Prosecutor. "