11. The petitioners reported that on March 23 and 24 of that year, complaints regarding the disappearance of Walter Munárriz were filed with the Office of the People’s Defender in Huancavelica. They added that the following month, his mother submitted pleadings to the Minister of the Interior and the Chairman of the Human Rights Committee of the National Congress, requesting support in determining the whereabouts of her son. 12. The petitioners stated that on April 22 of that year, the Angaraes Joint Provincial Prosecutor’s Office formally charged PNP Captain Roberto Gastiaburú Nakada, PNP Second Lieutenant Claudio Gutiérrez Velásquez, and PNP noncommissioned officer Adolfo Ángeles Ramos with committing a crime against humanity in the form of the aggravated disappearance of Walter Munárriz Escobar. They added that on June 1, 2000, the Huancavelica Joint Senior Prosecutor’s Office indicted the three officers indicated, plus two others, Gunther Cuaresma Ramos and Percy Salvatierra Laura, and asked for a prison term of 15 years, professional disqualification, and payment of ten thousand new soles. They reported that on February 15, 2001, the Huancavelica Joint Superior Court convicted Roberto Eugenio Gastiaburú Nakada and Adolfo Ángeles Ramos as the perpetrators of the crime against humanity in the form of forced disappearance of Walter Munárriz Escobar, and sentenced them to 18 years in prison and professional disqualification; it acquitted the other police officers. 13. They further stated that the First Supreme Prosecutor’s Office requested that the decision be set aside only in the matter of the acquittal of the three police officers. They further reported that on December 13, 2001, the Supreme Criminal Chamber issued a decision pointing out certain procedural irregularities in the oral proceedings, quashing the judgment of February 15, 2001, and remanding the case for a new oral trial. The petitioners reported that on May 25, 2004, the Huancavelica Joint Superior Court acquitted Roberto Eugenio Gastiaburú Nakada, Claudio Gutiérrez Velásquez, Adolfo Ángeles Ramos, Gunther Cuaresma Ramos, and Percy Salvatierra Laura. They added that on October 20 of that year, the Court ruled that said judgment could not be overturned. 14. With regard to the investigations conducted by the Office of the People’s Defender, the petitioners reported that it conducted various interviews, and reviewed the police blotter and control register of the Ccochaccasa police station and of the Provincial Angaraes-Lircay Police Headquarters. The petitioners further stated that the Defender’s Office reached the following conclusions: i) there is evidence of the disappearance of citizen Walter Munárriz Escobar at the hands of police personnel working in the Provincial Lircay police station […]; ii) the detention was arbitrary, no complaint was filed, and it was not duly registered; iii) the Provincial Prosecutor did not conduct an impartial and objective investigation into the event; iv) there was no critical evidence gathered that could have been used to guide proceedings; and, v) Walter Munárriz “was subjected to physical and verbal abuse by police personnel.” 15. The petitioners alleged that the lack of due diligence in the investigations prevented access to justice, with the result that a situation of impunity has prevailed to date, in violation of the rights to a fair trial and to judicial protection. They further indicated that the judicial proceedings undertaken by the family of Walter Munárriz have been rife with procedural hurdles from the start, since the prosecutor refused initially to accept the complaint of the mother of Walter Munárriz, and subsequently acted in a biased manner. They also pointed out that a person detained at the Lircay police station on the same day as Walter Munárriz Escobar was coerced into declaring that nothing unusual had occurred on the day of the events. They added that 17 years later, the Peruvian State has still neither determined the persons responsible for the disappearance of Walter Munárriz Escobar, nor taken effective steps to determine his whereabouts. 16. As regards the right to life and humane treatment, the petitioners contended that the State is responsible for the disappearance of Walter Munárriz, who was last seen alive in the Lircay police station. The petitioners further alleged that during the time he was detained at that police station, he was the victim of physical aggression by Peruvian State agents. 3

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