29
was confirmed over the radio during the trip to the appointed place.”48
In this regard, the judgment ordered that the trial of indictee César
Augusto Santoyo Castro be postponed, and that new orders be issued
to locate, capture and incarcerate him in a public jail; and
67.p.5)
it granted the extraordinary remedy of ex officio nullity,
and it ordered that the case file be forwarded to the Supreme Court of
Justice of the Republic.
67.q) On June 9, 1994 the Transitory Criminal Chamber of the Supreme
Court of Peru issued a judgment, in which it found that there was no nullity in
the November 9, 1993 judgment (supra para. 67.p), and it upheld the
sentences imposed by the judgment reviewed.49
67.r) On November 10, 1995 Francisco Antezano Santillán received the
benefit of semi-liberty and, on November 18, 1994, Ángel del Rosario Vásquez
Chumo was granted parole.50
67.s) The State has issued several arrest warrants against Captain César
Augusto Santoyo Castro, but to date he has not been arrested.
Regarding to the next of kin of Rafael Samuel and Emilio Moisés Gómez Paquiyauri
67.t) The next of kin of Rafael Samuel and Emilio Moisés Gómez Paquiyauri
are: Marcelina Paquiyauri Illanes de Gómez, their mother; Ricardo Samuel
Gómez Quispe, their father; and Marcelina Haydeé, Ricardo Emilio, Carlos
Pedro, Lucy Rosa and Miguel Ángel, all of them Gómez Paquiyauri, their
siblings.
67.u) Rafael Samuel Gómez Paquiyauri had a daughter from his relationship
with Jacinta Peralta Allccarima, whose name is Nora Emely Gómez Peralta,
born on February 27, 1992;51
48
See judgment issued by the Third Criminal Chamber of El Callao on November 9, 1993 (file with
appendixes to the application, volume I, appendix 21, leaves 288 to 318).
49
See the June 9, 1994 judgment (Ejecutoria Suprema) issued by the Transitory Criminal Chamber
of the Supreme Court of Peru (file with appendixes to the application, volume I, appendix 24, leaves 344
to 347).
50
See court decree of the Fifth Criminal Court of El Callao, on November 10, 1995, granting the
benefit of “semi-liberty” requested by Francisco Antezano Santillán; and court decree of the Fifth Criminal
Court of El Callao, on November 18, 1994, granting the “parole” requested by Ángel del Rosario Vásquez
Chumo, both in connection with the investigation on them for the crime of aggravated homicide against
Rafael Samuel and Emilio Moisés Gómez Paquiyauri (file with appendixes to the application, appendix 26).
The above was proven, even though the agent of the State expressed in the course of the public hearing
in the instant case, that “[a]ll the indictees [...] availed themselves of [the amnesty] law.”
51
See birth certificate issued by the Dirección de Salud del Callao, which establishes that Nora
Emely Gómez Peralta’s father is Jorge Gómez Palacios. According to said certificate, the girl was born on
February 27, 1992 (file with appendixes to the written brief containing pleadings, motions, and evidence,
volume II, appendix 22, leaf 491); birth certificate issued by the Municipalidad Provincial del Callao, in
which the birth of Nora Emely Gómez Peralta is registered on March 11, 1992 and Ricardo Samuel Gómez
Quispe, Rafael Samuel Gómez Paquiyauri’s father, is registered as the girl’s father (file with appendixes
to the written brief containing pleadings, motions, and evidence, volume II, appendix 23, leaf 492); birth
record certificate issued by the Consejo Provincial del Callao, stating that the girl’s birth is registered as
having taken place on March 11, 1992. In this certificate, Ricardo Samuel Gómez Quispe once again is
recorded as the girl’s father (file with appendixes to the written brief containing pleadings, motions, and
evidence, volume II, appendix 24, leaf 494); letter from the Gómez Paquiyauri family on April 5, 2002,