OF AUGUST 21, 2013

The Judgment on Preliminary Objections, Merits, Reparations and Costs (hereinafter
“the Judgment”) rendered by the Inter-American Court of Human Rights (hereinafter “the
Inter-American Court,” “the Court,” or “the Tribunal”) on September 22, 2009. The facts
refer to the enforced disappearance of Mr. Kenneth Ney Anzualdo Castro, showing that
State agents deprived him of his liberty, kidnapped him on December 16, 1993, and took
him to the basements of the SIE (Army Intelligence Service), where he has remained in
custody for an undetermined period of time, and to this date, his whereabouts remain
unknown. In this regard, the Court found that the State was responsible for the forced
disappearance of Mr. Anzualdo Castro and, as a consequence, violated the rights to personal
liberty, life, and juridical personality, established in Articles 7(1), 7(6), 5(1), 5(2), 4(1), and
3 of the American Convention on Human Rights (hereinafter “the American Convention” or
“the Convention”), in relation to the obligations established in Article 1(1) thereof, as well
as Article I of the Inter-American Convention on Enforced Disappearance of Persons, to the
detriment of the victim. In this regard, the Court stated that:
5. The State must effectively conduct the criminal proceedings in process and any future
proceeding in relation to the enforced disappearance of Kenneth Ney Anzualdo Castro, to
determine, within a reasonable time, the perpetrators and instigators who are responsible for the
facts of this case and effectively impose the punishments and consequences according to the law,
for which it must remove all obstacles, both factual and legal, that hinder the appropriate
investigation into the facts and shall not apply any law or domestic legal provision, present or
future, to escape from this obligation, under the terms of paragraphs 179 to 183 of [the]
6. The State shall immediately proceed to search for and locate Kenneth Ney Anzualdo Castro or,
if applicable, his mortal remains, by means of the criminal investigation or any other adequate
and effective procedure under the terms of paragraphs 185 of [the] Judgment.
7. The State must continue making all the necessary efforts and adopt the administrative and
legal measures and public policies that may correspond, to determine and identify the people who
disappeared during the internal conflict according to the most effective technical and scientific
means and, as long as it is possible and scientifically advisable, by the standardization of the
investigation criteria, for which it is convenient to establish a system of genetic information that
would allow the determination and elucidation of the blood relationship of the victims and their
identification, under the terms of paragraphs 188 and 189 of [the] Judgment.
8. The State must adopt the necessary measures to reform, within a reasonable time, its
criminal legislation as to enforced disappearance of persons, in order to render it consistent with
the international standards, paying special attention to the terms of the American Convention and
the Inter-American Convention on Forced Disappearance of Persons, under the terms of
paragraphs 165 to 167 and 191 of [the] Judgment.

Judge Diego García Sayán, of Peruvian nationality, did not participate in the hearing and deliberation of
this Order, pursuant to that provided in Articles 19(2) of the Statute and 19(1) of the Court Rules of Procedure.

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