132. In its review of the case, regarding the circumstances of the disappearance and its connection to Law No. 28413 regarding absence because of forced disappearance, the Office of the Human Rights Ombudsperson pointed out: According to information gathered by the Office of the Human Rights Ombudsperson, on January 26, 1991, there was a group of police officers who were engaged in a raid; they detained Néstor Rojas Medina when he was walking in the vicinity of the Aviación avenue, in the district and province of Tocache, in the department of San Martín. The policemen took the victim to the Police Station of Tocache and, after a few days, he was transferred to the Military Base of Tocache. Since that day his whereabouts are unknown. As a result, the disappearance of Néstor Rojas Medina fits within the assumptions envisaged in subparagraph a) of Article 3 of Law 28413, which indicates that absence because of forced disappearance occurs “when the person had disappeared or was made to disappear in circumstances where he/she was arrested, detained, or transferred against his/her will or any other form of deprivation of liberty.”125 133. The Commission noted that the Office of the Human Rights Ombudsperson concluded “that there are elements that make it possible to reasonably presume that Néstor Rojas Medina has been absent since January 26, 1991 because of forced disappearance as a consequence of the violence taking place during the years 1980 to 2000.126 The Commission noted that the name of Néstor Rojas Medina is registered in the List of Dead and Missing Persons Reported to the Truth and Reconciliation Commission 1980-2000, indicating that the disappearance was also documented by COMISEDH, the National Human Rights Coordination, and the Office of the Human Rights Ombudsperson. 127 134. Regarding the investigations, the petitioners indicated that they had filed two complaints. 128 135. On the one hand, there was the complaint filed with the Provincial Prosecution Service of Tocache on February 5, 1991, regarding which they described the following sequence of events: - On February 14, 1991, the Chief of Command of the Police of Tocache, also known as “Tito,” informed Senator Jorge Hurtado Pozo that policemen had detained Néstor Rojas Medina and that afterwards he had been transferred to the armed forces. - On September 22, 1991, his mother made a statement. - On April 25, 2000, the Prosecution Office ruled to refer the investigation to the Police so that they would proceed to taking steps to locate Néstor Rojas Medina - On July 11 (no year is indicated), the Prosecution Service issued a ruling, indicating that they did not know for certain who had detained the victim, as a result of which they ordered the case file documents to be provisionally archived and ordered the Tocache Police Station to continue its investigations. 125 Annex 54. Verification Report No. 6790-20006-OD/Lima of September 6, 2006. Communication from the petitioners of May 126 Annex 54. Verification Report No. 6790-20006-OD/Lima of September 6, 2006. Communication from the petitioners of May 25, 2007. 25, 2007. 127 Final Report of the CVR. List of Dead and Missing Persons Reported to the Truth and Reconciliation Commission 19802000, page 365, E#22-1011161, available at: http://www.cverdad.org.pe/ifinal/pdf/Tomo%20-%20ANEXOS/PDFSAnexo4/ListaMuertosyDesaparecidos.pdf 128 Annex 51. Communication from the petitioners of September 23, 2011.

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