principle of indubio pro reo; consequently, the decision of the Superior Chamber is in
accordance with the law […]47
59.
In report No. 245-2009-JUS/PPES del 3 of August 3, 2009, the State transmitted to the IACHR the
report of the Procuraduría Pública of the Judicial Branch, which stated as follows:
The case of Walter Munárriz Escobar was subject to both a preliminary and a judicial
investigation; ultimately, in keeping with the principle of independence in exercising
jurisdictional function, the latter acquitted the alleged authors of the crime of forced
disappearance, in a judicial process under the protection of the constitutional principle of
cosa juzgada, with the Supreme Court ruling at the highest jurisdictional level against nullity
of the acquittal judgment.48
60.
From the information provided by the parties, the Commission notes that, after the decision of
October 20, 2004 of the Permanent Criminal Chamber of the Supreme Court of Justice, there were no further
investigations into the disappearance of Walter Munárriz Escobar. Nor were any steps taken to determine his
whereabouts or to find his mortal remains. And this, despite the fact that in the judgment that remains firm,
namely the judgment of May 25, 2004, the Joint Chamber of the Superior Court of Justice ruled that the
disappearance of Walter Munárriz Escobar was proven and ordered that investigations continue.
2.
Disciplinary process
61.
In Report No. 133-2007-JUS/CNDH-SE/CESAPI, of September 12, 2007, the State sent to the
Commission documentation regarding administrative-disciplinary investigations related to the alleged
disappearance of Walter Munárriz Escobar by personnel of the Angaraes PNP Provincial Headquarters.
62.
The State submitted Report No. 014-99-FPAH-SRPMP-HVCA/INSP.C, of April 8, 1999, in which it
indicated that on March 24, 1999, the Provincial Prosecutor of Lircay-Angaraes, Silvia Montero Meléndez,
sent letter No. 125-99-MP-FPMANGARAES to the PNP Colonel of the Huancavelica Subregion, in which she
announced the disappearance of Walter Munárriz Escobar and the presumed involvement of state agents. In
this letter, the Prosecutor stated that “this will surely be clarified with the investigations conducted by this
office […], as these versions are completely false, since we are experiencing a period of peace and we do not
have human rights violations.”49 Thus the Prosecutor asked the PNP Colonel of the Huancavelica Subregion,
since it is his job to clarify crimes reported, to assist in the investigations to find Walter Munárriz Escobar and
“especially to clear the name of the institutions we represent and ensure that they remain a source of pride.”50
63.
Among the steps taken, referred to in Report 014-99-FPAH-SRPMP-HVCA/INSP.C, it is noted that the
Inspector-Commander of the National Police of Peru:
a)
Interviewed the police officers involved in the events;
b)
Obtained a copy of the Staff Duty Roll of the Angaraes Provincial Headquarters for
March 19 and 20, 1999,
c)
Requested a copy of the background of three officers, and
47 Annex 26. Copy of the decision of the Permanent Criminal Chamber of the Supreme Court of Justice of October 20, 2004.
Annex to the State’s Memorandum No. 7-5-M/066 of February 9, 2006.
48 Annex 27. Official Letter No. 2339-09-CE-PJ/PP of September 28, 2009, sent as an Annex to the State’s memorandum No. 75-M/690 of October 20, 2009.
49 Annex 28. Copy of Report 014-99-FPAH-SRPMP-HVCA/INSP.C, sent as an annex to the State’s memorandum No. 7-5-M/409
of September 17, 2007.
50 Annex 28. Copy of Report 014-99-FPAH-SRPMP-HVCA/INSP.C, sent as an annex to the State’s memorandum No. 7-5-M/409
of September 17, 2007.
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