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

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