2009. Notwithstanding, it clarified that ‘‘[p]ursuant to numeral 1 of Article 514 of the Code of Criminal Procedure, […], it falls upon the Government to decide upon the active or passive extradition, by way of Supreme Order issued in agreement with the Council of Ministers, prior to report of the mentioned Official Commission,” which “is still pending.” 11. The common intervener Feria Tinta considered that it is necessary, in terms of monitoring of this measures, that the State file a copy of “all the referenced records [of the] criminal investigations” processed as case files No. 44-2005 and No.67-2007, since “it is the only way in which access [to these] exists.” In regard to case file No. 44-2005, the common intervener noted that “no substantial progress has been made in this investigation since 2009” and highlighted that “[more] than 8 years have passed since this process started and it has not gone beyond the instructions stage with an accusation from the prosecutor,” despite the fact that there “was an entire investigation conducted by the Inter-American Commission on Human Rights […], by the Congress of the Republic […], by the Truth Commission, and an entire preliminary criminal investigation by the Special Prosecutor for Forced Disappearances, Extrajudicial Executions and Exhumation of Clandestine Graves.” As to the joining of the mentioned investigations, the common intervener noted that “it is necessary […] since it addresses the need to apply the principle of joinder of proceedings to the judicial investigation and prosecution.” Notwithstanding, the common intervener noted that joinder took place in July 2010 and since then “[n]o substantial progress […] has been made,” since as “stated by the Public Prosecutor’s Office in its request for joinder, for a complete investigation of the facts, it is necessary to proceed with the prosecution of the individual who ordered the commission of the facts which are being investigated,” with no expansion of the extradition of Alberto Fujimori in order for him to be prosecuted for the facts in this case. Moreover, the common intervener stated that “other defects” have arisen in this proceeding, which include: “a) that the crime is not adequately defined as a crime against humanity thereby [not] allowing for an appropriate investigation of all the complex and diverse actions that took place[;] b) that it does not cover all the possible perpetrators, restricted only to the national police[;] c) that it does not properly identify the aggrieved party[, and] d) […] that it is ambivalent [regarding the proven facts] in [this] case.” 12. In terms of the expansion of the extradition of former President Alberto Fujimori, the common intervener Feria Tinta noted during the private hearing that, despite the fact that the Judgment in this case noted “the importance of the opening of a criminal case against the [mentioned] former President,” he still “has not been included [in the] proceeding,” which “a particularly serious matter” for the victims because of the time that has passed since the Judgment was issued. In this sense, the common intervener affirmed that the State “ has been reluctant […] to request the expansion of the extradition to [former] President Fujimori from Chile, so that he may be incorporated into the proceeding in the case of Castro Castro Prison,” since “he cannot be prosecuted […] if there is no formal request made […] to Chile in order for an expansion of the jurisdiction under which he must respond to a criminal proceeding take place.” 13. The common intervener Cassel indicated in his brief of observations on March 13, 2013, that “it does not appear that the State has adopted, to date, all the necessary measures to clarify the facts in this case, in order to determine the intellectual and material responsibility of those who participated in said violations.” In addition, the common intervener Cassel agreed with Mrs. Feria Tinta’s exposition during the private hearing regarding the “justice situation,” and in his brief of observations of September 23, 2013, added that “[t]he individual most responsible for the massacre [was] former President Alberto Fujimori,” and that in regard to this individual and the others responsible “there have been no advances in 9