d)
Obtained a copy of Police Report No. 30-99 on the disappearance of Walter
Munárriz Escobar, prepared by the staff of the Huancavelica PNP Criminal Investigation
Department, with regards to the disappearance of Walter Munárriz Escobar.51
64.
The conclusions reached by the Huancavelica Commander Inspector of the PNP Inspectorate are as
follows:
A.
It is established fact that PNP Captain Roberto GASTIABURU NAKADA is liable for
NEGLIGENCE in the performance of his duties as Police Captain of Lircay, by not requiring PNP SO2 Gunther
CUARESMA RAMOS to prepare in a timely manner the relevant referral report for civilian Walter Munárriz
Escobar (19), for alleged theft, and for engaging in inappropriate police procedures, by releasing the detainee
and subsequently receiving the complaint from Mrs. Gladys ESCOBAR CANDIOTTI, the mother of the civilian
in question regarding the alleged disappearance of that person […]. The Undersigned has therefore imposed
the disciplinary sanction of SIX (06) days of simple arrest.
B.
It is established fact that PNP SO2 Adolfo E. ANGELES RAMOS, is liable for the misdemeanor
of DISOBEDIENCE for failure to comply with the police operating procedures and/or directives in his capacity
as the Reports and Accident Assistance Officer of the Lircay police station, on receiving the detainee Walter
Munárriz Escobar (19), on presumption of theft, from PNP SO2 Gunther CUARESMA RAMOS, without the
respective report, and subsequently give cause for complaints against police personnel for the alleged
disappearance of the cited civilian up to the date of […]. Thus a disciplinary sanction of TEN (10) days of
simple arrest is imposed.
C.
It is established fact that PNP SO2 Gunther CUARESMA RAMOS is liable for the
misdemeanor of DISOBEDIENCE for failure to comply with police operating procedures and/or directives, by
placing the detainee, Walter Munárriz Escobar (19) at the disposal of the Lircay Police Department on
presumption of theft without the timely formulation of the respective report, and subsequently to have
caused complaints against police personnel for the presumed disappearance of the aforesaid civilian up to the
date of, […].Thus he is held liable for a disciplinary sanction of TEN (10) days of simple arrest.
D.
It is established fact that, by reason of the present investigation, PNP Second Lieutenant
Claudio GUTIÉRREZ VELÁSQUEZ incurred liability for the misdemeanor of ABANDONMENT OF DUTY for
having left Recuperada PNP station without justified cause and gone to a place in Lircay, from 2:30 pm on
March 20, 1999 until 12:00 on March 21, 1999 […]. Thus he is liable for SIX (6) days of simple arrest52.
65.
out.
The Commission has no information as to whether the disciplinary sanctions imposed were carried
3.
Investigation of the Office of the People’s Defender
66.
On March 23, 1999, Emilio Torralba Rivero, a professor at the University of Huancavelica, reported
the disappearance of Walter Munárriz Escobar to the Office of the People’s Defender. 53 His mother also
submitted a complaint to the same office on March 25, 1999.54
67.
On March 25, 1999, the Office of the People’s Defender interviewed the following persons: the
mother of Walter Munárriz Escobar; Gladys Munárriz Escobar, Walter Munárriz’s sister; the Angaraes
51 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.
52
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
53 Annex 29. Report N° 020-099- RDP/HVCA of the Office of the Public Defender, of March 29, 1999. Annex to the initial
petition.
54
Annex 30. Complaint receipt sheet of the Office of the People’s Defender. Annex 9 t the initial petition.
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