October 21, 2010, and it was not received, despite repeated reiterations by the Secretariat.
As part of the monitoring of compliance hearing in this case, on May 23, 2013, the State
agreed to submit the accompanying report. In view of the abovementioned, the reports
from the representatives, prior to the hearing, referred to the State’s lack of action to
comply with the judgment in question, more than three years after it was published and
more than 19 years since the disappearance of Kenneth Ney Anzualdo Castro. In this
regard, the Court considers it appropriate to remind Peru, as it has done on previous
occasions, 8 that without the proper information from the State, this Court cannot carry out
its role of supervising the execution of judgments. To provide sufficient information on the
adopted measures is a State obligation established by this Court. 9
8.
In light of the information provided to the Court, the Court will rule on the actions
that the State reported on during and after the hearing on this case.
A. Obligation to effectively conduct the criminal proceedings in process and
any future proceeding in relation to the forced 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 (fifth operative paragraph)
9.
In a brief of May 29, 2013, the State reported that “on October 20, 2011 the Second
Superior Prosecutor’s Office for Crimes of Corruption by State Officials filed a criminal
charge against Vladimiro Montesinos Torres, De Bari Hermoza Nicolos Rios, Jorge Enrique
Nadal Paiva and Enrique Oswaldo Oliveros Pérez as indirect perpetrators for the crime
against humanity of forced disappearance of Kenneth Anzualdo Castro and others. In this
sense, it determined that there was merit to proceed to the trial stage.” Subsequently, it
noted that on April 3, 2012, the trial began before the Second Liquidating Criminal Court of
Lima, but due to the replacement of one of its members, it was discontinued and the new
trial began on January 22, 2013, which initiated with the questioning of witnesses and
defendants. In addition, during the private hearing on compliance, the State specified that
the delay in the proceeding was due to the fact that prior to the oral trial, the criminal court
that heard the case had to be reinstated, and in the restructuring, some stages of the
proceeding were repeated.
10.
The representatives indicated during the private hearing on monitoring of compliance
of May 23, 2013, that "there was no case or investigation at the Public Prosecutor’s Office
against the perpetrators of the disappearance of the victim.” In addition, they stated that
"in relation to the faults in the criminal proceeding, [ ... ] these were due [ ... ] to a change
of the judges due to some administrative measures that were taken within the judiciary that
could in part be a measure that allows the judges [ ... ] to continue hearing their cases,
especially in these types of proceedings, until the judgment is issued, and as such, this is
not a strictly legal issue but also one that has to do with the administrative decisions that
the Peruvian judiciary can render.” This was confirmed by the representatives in brief dated
August 8, 2013, which stated that "given the aforementioned changes in the configuration
8
Cf. Case of Gómez Palomino V. Perú. Monitoring of Compliance with Judgment. Order of the InterAmerican Court of Human Rights of October 18, 2007, Considering clauses five and eight, and Case of Gómez
Palomino V. Perú. Monitoring of Compliance with Judgment. Order of the Inter-American Court of Human Rights of
February 13, 2013, Considering clauses twenty-one and twenty-two.
9
Cf. Case of Five Pensioners, supra, Considering clause five, and Case of López Álvarez V. Honduras.
Monitoring of Compliance with Judgment. Order of the Inter-American Court of Human Rights of May 29, 2013,
Considering clause fifteen.
4