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effective investigation to clarify the facts and punish those responsible. On July 3,
1997, the Commission forwarded the petition to the State.
6.
On September 25, 1998, the Commission adopted Admissibility Report No.
55/98, which was transmitted to the State and to the petitioners on January 11,
1999.
7.
On September 1, 2003, Martha Flores Gutiérrez informed the Commission
that she would no longer be represented by Aurelio Pastor Valdivieso; she appointed
the Peruvian Human Rights Commission (hereinafter “COMISEDH,” “the
representatives of the alleged victim and his next of kin” or “the representatives”) as
“co-petitioner” in the instant case and Rosalía Uzátegui Jiménez as “new defense
lawyer.”
8.
On October 23, 2003, having examined the positions of the parties, the
Commission adopted Report on Merits No. 93/03, in which it recommended that the
State:
1. Conduct a complete, impartial, effective and immediate investigation into the
facts to establish responsibilities for the murder of Pedro Huilca Tecse, and to
identify those who participated in it at the different decision-making and execution
levels, expedite criminal proceedings protected by suitable guarantees, and apply
the appropriate penalties.
2. Conduct a complete, impartial and effective investigation with regard to those
who intervened in the previous unsuccessful investigations and proceedings for the
murder of Pedro Huilca Tecse, to determine responsibility for the lack of results and
the impunity of this act.
3. Make adequate pecuniary and non-pecuniary reparation to Martha Flores, widow
of [Pedro] Huilca [Tecse] and to his children, for the violations of their human
rights.
4. Adopt preventive measures to avoid such acts occurring in the future and the
necessary [measures] to honor the memory of Pedro Huilca Tecse.
9.
On December 12, 2003, the Commission remitted this report to the State and
granted it two months in which to provide information on the measures adopted to
comply with the recommendations. The same day, the Commission advised the
petitioners that it had issued Report No. 93/03 and forwarded it to the State. It also
requested them to provide information, in accordance with Article 43(3) of its Rules
of Procedure.
10.
On February 13, 2004, the State submitted its answer to the Merits Report
issued by the Commission, the original of which was received by the Executive
Secretariat of the Commission on February 17, 2004. With this note, Peru forwarded
Report No. 17-2004-JUS/CNDH-SE of the Executive Secretariat of the National
Human Rights Council on the recommendations made by the Commission in Report
No. 93/03 (supra para. 8). The State indicated that it had advanced investigations
and other measures through the competent jurisdictional organs, and alleged
members of Sendero Luminoso (Shining Path), who had allegedly taken part in the
murder of Pedro Huilca Tecse, had been tried and imprisoned. Likewise, the State
advised that the reparations for Martha Flores Gutiérrez, her children and
stepchildren “w[ould] be determined once the responsibility of the authors of the
death of Pedro Huilca Tecse [had been] established [and,] at that time, the
pecuniary reparation w[ould] be decided.” Peru also undertook to adopt preventive
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