8
those who are found responsible for the facts that occurred in the San Juan Bautista
Prison. It also indicated that, although it recognizes that some progress has been made
as regards finding and identifying the bodies of the victims by the Office of the Special
Prosecutor for Forced Disappearances, it shared the concern of the victims’
representatives regarding the lack of continuity in the leadership of the investigation.
The Commission emphasized that, despite the contribution made by the Final Report of
the Truth and Reconciliation Commission, the State had not provided information on
how this Commissions evidence and conclusions were being used in the context of the
investigation by Office of the Special Prosecutor for Forced Disappearances.
24.
That, according to the information provided by the parties, the State has taken
several measures to clarify the facts of the instant case. Despite this, the Court finds it
essential that the State provide information on the current situation of the
investigations, so that it can assess the status of compliance with subparagraph (c) of
the fourth operative paragraph of the judgment regarding the State’s obligation to
conduct investigations designed to prosecute and, if applicable, convict those
responsible for the facts.
*
*
*
25.
That regarding subparagraph (d) of the fourth operative paragraph (supra first
having seen paragraph), in relation to the obligation to find and deliver the remains of
Norberto Durand Ugarte, the State advised that the decision of June 24, 2004, issued
by the Office of the Special Prosecutor for Forced Disappearances, ordered the delivery
of his identified remains to his duly accredited next of kin. The State affirmed that, in
this regard, “the remains of Norberto Durand Ugarte had been handed over and
received by his father, Norberto Durand Vargas and his father’s wife [Virginia Bonifacia
Ugarte]; this act was attended by Carlos Rivera Paz, in his capacity as legal
representative, and he prepared the respective official record[. T]he act was carried
out in the presence of the Head of the Institute of Forensic Medicine.” On September
20, 2004, the State forwarded a copy of the autopsy and cause of death of Norberto
Durand Ugarte. Regarding the obligation to identify the remains of Gabriel Pablo
Ugarte Rivera, the State added that exhumations had been conducted in several public
cemeteries, but his name did not appear on the list of those identified by the Frontón
Commission of the Forensic Identification Team of the Institute of Forensic Medicine.
On April 18, 2006, the State reported that the remains of Gabriel Ugarte Rivera had
still not been found.
26.
That, regarding the exhumation of the remains, the representatives observed
that: (a) to date, the Office of the Special Prosecutor for Forced Disappearances had
conducted exhumations in the “Zapallal”, “Baquijano and Carrillo”, “Presbítero Maestro”
and “Pucusana” cemeteries; (b) although the number of human remains exhumed to
date had not yet been determined, according to information from the Institute of
Forensic Medicine of the Attorney General’s Office there were probably approximately
one hundred persons; and (c) after six months of work, it had been possible “to
identify the remains of Norberto Durand Ugarte.” On June 24, 2004, the Provisional
Provincial Prosecutor responsible for the Office of the Special Prosecutor for Forced
Disappearances issued a decision in which he ordered the delivery of the human
remains that had been identified to their respective duly accredited families. In their
observations of May 6, 2008, the representatives added that the obligation to find and
identify the body of Gabriel Pablo Ugarte Rivera remained pending. Official
communication No 401-04-FE-DF-EE-EFC-MP-FN of October 21, 2004, issued by the