2
5.
The above mentioned application filed by the Inter-American Commission
before this Court mentions that the CVR identified a “whole organized power
structure” by means of which it carries out, within the context of an “anti-subversive
strategy by the State agents,” a “systematic practice” of “arbitrary executions,”
which reached the highest levels of victimized people in the periods 1983-1984 and
1989-1992 (paras. 73, 70 and 76); also, “the practice of forced disappearance was a
mechanism of anti-subversive fight systematically used by the State agents between
1988 and 1993,” estimating that the “members of the Armed Forces” where those
“charged with the greatest proportion (more than 60%) of the victims of forced
disappearance caused by State agents in the period 1980-2000" (para. 77).
6.
Then, the Inter-American Commission transcribed, out of the Final Report of
the CVR, the “stages” in which this macabre practice was conducted:
"victim selection and detention, deposit in a detention center, eventual transfer
to another detention center, interrogation, torture, processing of the information
obtained, decision of elimination, physical elimination, disappearance of victim´s
remains, use of State resources” (para. 78).
7.
The Final Report of the CVR, extensively quoted in the application filed by the
Inter-American Commission before this Court, refers to a criminal practice by the
State, encompassing a “clandestine circuit” of arbitrary detentions followed by extralegal executions (para. 150). The Grupo Colina was a group of extermination
inserted within the SIN structure (leaded by Vladimiro Montesinos) to face alleged
“enemies” of the regime of the then President Alberto Fujimori (paras. 96 and 85).
The Grupo Colina operated with State resources (para. 80), and
"fullfilled a State policy which consisted in the identification, control and
elimination of those people suspected to belong to insurgent groups, by systematic
actions of indiscriminate extra-legal executions, selective murders, forced
disappearances and tortures” (para. 89).
2.
The Determination of Facts by the Inter-American Court.
8.
In this Judgment of the case La Cantuta, in chapter VII, regarding the proven
facts, the Inter-American Court, taking into account the Final Report of the CVR, set
forth that
"Arbitrary executions were a systematic practice carried out in the backdrop of
the contra-subversive strategy of State agents, especially during the hardest times of
the conflict (1983-1984 and 1989-1992)" (para. 80(1)).
There was a whole organized state power structure, and the extra-legal executions
did not constitute isolated or sporadic facts, but a behavior pattern by the State in
the context of its above mentioned strategy, leading to a truly criminal practice,
applying resources and material means of the State itself.
9.
The modus operandi, as identified by the CVR and recapped by this Court,
consisted in the
"selection of the victim, detention, deposit of the victim in a detention center,
contingent transfer to other detention center, interrogation, torture, processing of the
data obtained, decision to eliminate the victim, physical elimination, concealment of
victim´s remains and use of State resources.” The common denominator in the whole
process was “the denial of the detention itself and denial of any information on what had
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