5
Prosecutor Service) for their respective pronouncements. Based on the above, they
considered that the State “has been complying with this obligation”, but the Court
must continue to monitor until the completion thereof.
10.
That the Commission considered that “it has not been forwarded enough
information in order to render a pronouncement regarding the fulfillment of this
critical order of the [J]udgment”, reason for which it requested the Court to ask the
State for information with regard to the corresponding investigations and the
criminal proceedings.
11.
That as is evident from the Judgment, the State had to immediately
investigate the facts which generated the violations therein ascertained and identify,
prosecute and -should it be the case- punish the responsible parties. Furthermore,
Peru had to provide information on the measures adopted within the term of one
year from the notice of the Judgment, which expired on August 3, 2008. Due to the
lack of information, by means of the Order of April 28, 2009, the Court requested the
State to indicate, no later than June 1, 2009, the measures adopted in order to
comply with the Judgment. However, the State has not yet forwarded any
information with regard to the proceedings carried out for the effective fulfillment of
said obligation.
12.
That, without detriment to the above, from the observations presented by the
representatives, it arises that four months after receiving the notice of the Judgment
by this Court, the Segunda Fiscalía Penal Supraprovincial (Second Criminal
Supraprovincial Public Prosecutor´s Office) started an investigation and on May 28,
2008, and criminal proceedings were instituted against two of the alleged
perpetrators and against one alleged instigator of the crimes of kidnapping and
aggravated murder with regard to Saúl Isaac Cantoral-Huamaní and Consuelo
Trinidad García-Santa Cruz.
13.
That the Inter-American Court appreciates the progress reflected by the
investigation of the facts which gave rise to the instant case and considers it
indispensable that the State presents updated, detailed and thorough information on
the proceedings carried out and the progress thereof. Therefore, the Court requests
the State to forward the above mentioned information as well as copies of the main
procedural records, including the indictment dated December 18, 2007 against the
alleged perpetrators of the facts.
*
*
*
14.
That with regard to the obligation to publish relevant parts of the Judgment in
the Official Gazette and in another newspaper of extensive national circulation
(operative paragraph ten of the Judgment), the State “request[ed] the [Court] to
issue a ruling regarding the answer submitted by [the] Procuraduría Especiliazada
(Specialized Attorney General), with regard to the inclusion of a direct link of access
to the Judgments of the Inter-American Court of Human Rights in the web pages of
the most important [n]ewspapers of [n]ational [c]irculation.”