7
committed against the beneficiary, among other people. They considered that
there is enough evidence to prove “the arbitrary detention and use of cruel physical
and psychological tortures to which Mr. Ramirez Hinostroza was subjected] which
constitute crimes against humanity";
b)
“There has been no progress” in investigation into the attack of March 13,
2004;
c)
In relation to the attack of August 30, 2004, the proceeding "is still
provisionally closed, as evidence of the negligence of the Public Prosecutor’s Office
to complete the investigation, notwithstanding the evidence that was duly
furnished”;
d)
As to the fact of July 1, 2005, related to case file N° 659-2007, they
considered "it was unfortunate that the Office of the Seventh Provincial Prosecutor
in Criminal matters of Lima had declared that ‘there are no grounds to file charges’
[…] evidencing the fact that the Peruvian State tries, as usual [...] to protect the
perpetrators of the human rights violations, letting the attacks committed against
[Mr. Ramirez Hinostroza] go unpunished"; and
e)
in relation to the attack of September 15, 2005, "as with the other
investigative procedures[,] it has been filed without certainty of the interest the
Peruvian State has in effectively finding the responsible.”
22.
The representatives considered that the lack of investigation on the facts against
Mr. Ramírez Hinostroza “shows the lack of willingness [of the State to] identify the
instigators and perpetrators of the attacks.” Furthermore, they required the Court to
maintain the provisional measures in favor of the beneficiary and his family, since "the
threats and attacks made by the perpetrators of human rights violations have not
stopped, as well as the judicial harassment on the part of the State, considering that the
victim is witness […] to tortures [committed against] other victims.” Particularly, they
pointed out that Mr. Ramírez Hinostroza is a witness before the Second Criminal Chamber
of Lima in case file N° 733- 08, which was opened for the crime of forced disappearance
to the detriment of Francisco Juan Fernández Gálvez and Alcides Copa Taype, which forms
part “of the case [of the students of the] Universidad Nacional del Centro of Peru.” In
addition, regarding the protective measures for counsels Raúl Angel Ramos De la Torre
and César Manuel Saldaña Ramirez, they requested to maintain such measures, “due to,
up to the present [August 2008], they are controlled by phone tapping, therefore a
constant threat hung over them.”
23.
As to the investigation into the facts that gave rise to the provisional measures, the
Commission indicated that:
a)
In relation to the information presented by the State, on August 2, 2007,
the Second Criminal Chamber of the Superior Court of Justice of Junin acquitted
Luis Augusto Pérez Documet. On October 15, 2008, the Transitory Criminal
Chamber of the Supreme Court of Justice decided to deny the motion to annul said
judgment and by means of official letter of the Second Criminal Chamber of the
Superior Court of Junin of June 10, 2009, the case was filed;