denounced and to promptly take those actions and make those inquiries essential for
clarifying what happened to the person disappeared in this case;
e)
Since this is a case of a gross human rights violations and considering the permanent
or continuing nature of enforced disappearance the effects of which do not cease until the
victim’s whereabouts are established or his remains are identified, the State must abstain
from using mechanisms to benefit the authors such as amnesty, or any other similar
provisions including the statute of limitations, non-retroactivity of the criminal law, res
judicata, ne bis in idem to exempt responsibility, and to release itself from this obligation, 379
and
f)
Guarantee that the investigations into the facts that constitute
disappearance in this case are always conducted in the ordinary jurisdiction.
enforced
245. The State must ensure full access and legal standing to the victims or their next of kin at all
stages of the investigation and prosecution of those responsible. The purpose of this participation
must be access to justice and to know the truth of what happened. In addition, the results of the
corresponding proceedings must be publicized so that Peruvian society may know the facts that are
the subject of this case, as well as those responsible. 380
2.
Determination of the victim’s whereabouts
246. The Commission asked the State to conduct “a complete, impartial and effective
investigation into the whereabouts of Jeremías Osorio Rivera and, should it be discovered that the
victim is not alive, take the steps necessary for his remains to be returned to his family.”
247. The representatives asked that the State take the necessary measures to discover the
possible final whereabouts or location of the remains of Jeremías Osorio Rivera and return them to
his family. Also, if the remains are found, the State must provide the necessary resources to
transfer the remains and to bury them in the place chosen by his family without any cost to them.
248. The State indicated that, Ministerial Decision No. 268-2012-JUS had authorized a financial
transfer against Requisition 006-Ministry of Justice and Human Rights of up to one million one
hundred thousand new soles in favor of the Public Prosecution Service so that the latter could
acquire the chemical reagents and inputs required to implement the procedure of identifying 1,500
human osseous remains. It reiterated its commitment to coordinate, as necessary, with the
Institute of Forensic Medicine of the Public Prosecution Service in order to incorporate into the
criminal proceeding the established procedures when graves with human remains were found that
could be related to the facts of the instant case. To this end, it would coordinate with the members
of Jeremías Osorio Rivera’s family in order to take DNA samples for comparison with the database
kept by the Institute of Forensic Medicine of the Public Prosecution Service.
249. In the instant case, the whereabouts of Jeremías Osorio Rivera remain unknown and, to
date, the State has not taken any steps to discover the victim’s whereabouts, but continues to
deny that an enforced disappearance occurred (supra paras. 108 to 110). The Court stresses that
the victim disappeared more than 22 years ago, so that it is a reasonable expectation of his family
379
Cf. Case of Barrios Altos v. Peru. Merits, supra, para. 41, and Case of González Medina and family members v.
Dominican Republic, supra, para. 285(e).
380
Cf. Case of El Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No. 95, para.
118, and Case of García and family members v. Guatemala, supra, para. 197.
87
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