18
and the investigations have still not advanced beyond the preliminary stage; that the
perpetrators have not been identified, and that no criminal charges have been brought
against anyone (infra para. 126).
73.
The Court observes that the evidence provided by the State reveals that the first
police report of April 19, 1989, with information on the investigations into the murder of
Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz, indicated that the authors were
“terrorist criminals.” A second undated police report, prepared prior to February 19, 1990,
concluded that “[…] despite exhaustive investigations it has not been possible to identify the
authors of the murder of Saúl Cantoral and Consuelo García-Santa Cruz, although it has
been established that, based on the method used, the sign left near where the bodies were
found, and the way in which they were murdered, the authors were terrorist criminals.”46
74.
In 1994, as a result of a request for information on the status of the investigation,
addressed by the Special Prosecutor of the Ombudsman’s Office to the 36th Provincial
Criminal Prosecutor’s Office of Lima, inquiries were initiated into the location of the
complaint, and it was found “among a group of complaints from previous years that had
been filed.” The said Prosecutor’s Office made inquiries at police headquarters regarding
progress in the investigations and was informed that no “investigation had been conducted,
because [the officer to whom the task had been entrusted] had been relocated, and the said
investigation had not been assigned to another officer.” After a matter of competence had
been resolved, another Prosecutor who had been entrusted with the case sent an official
letter to DINCOTE on August 25, 1994, requesting that the latter forward the results of its
investigations. On January 24, 1995, DINCOTE sent the Prosecutor report No. 11-D4DINCOTE of January 2, 1995, in which it concluded that “[…] from the investigations and
other procedures carried out, it is presumed that the authors of this act are members of the
terrorist group, PCP-SL; although the possibility that it was perpetrated by another type of
group is not rejected […].” (the underlining was in the report submitted by the State). After
receiving this police report on May 8, 1995, the respective Prosecutor, the 43rd Provincial
Criminal Prosecutor of Lima, “decided to provisionally close the case file.”47
75.
The Court also observes that, on July 19, 1989, in the context of another case
concerning the alleged subversive activities that two students were preparing in relation to a
“Tactical operational plan for selective assassination” with a list of names that included that
of Saúl Cantoral-Huamaní, preliminary investigation proceedings against these two students
were ordered for the crime of terrorism and, additionally, against one of them for the crime
of fraud (contra la fe pública) against the State. The Court observes that, in the judgment
absolving them, they were acquitted “of the charges against them for the crime of terrorism
against the State.”48
76.
The Court finds that, as a result of a private initiative by the next of kin of Saúl
Cantoral-Huamaní, who filed a complaint before the Prosecutor General (Fiscalia de la
Nación) on May 29, 2001, the State reopened the investigations. However, the Court notes
that this did not mean the start of effective investigative measures because, once again,
46
Cf. Report No. 05-2005-2º FPSP-MP-FN issued by the Regular Provincial Prosecutor of the Second Supraprovincial Criminal Prosecutors Office on December 2, 2005 (file of appendixes to the brief answering the
application, appendix 6, pages 921 and 922).
47
Cf. Report No. 05-2005-2º FPSP-MP-FN issued by the Regular Provincial Prosecutor of the Second Supraprovincial Criminal Prosecutors Office on December 2, 2005 (file of appendixes to the brief answering the
application, appendix 6, page 924).
48
Cf. Judgment of January 31, 1990, delivered by the Thirteenth Correctional Court of Lima (file of
preliminary objection, merits, reparations and costs, pages 835 to 840.
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