13
from the University to his home, in the vicinity of Avenida Santa Rosa and Avenida La
Paz, a light-blue automobile intercepted the bus, which Kenneth had boarded. Three
persons dressed in plain clothes got out of the automobile and onto the bus where
they identified themselves as members of police officers and ordered the passengers
on the public transportation vehicle to get off the bus. Kenneth was forced to get into
the light-blue vehicle and the vehicle took off.34 That December 16, 1993 was the last
day that Kenneth Ney Anzualdo Castro was seen alive.35 Since that date, his family
has never heard anything about him and his whereabouts.
35.
Moreover, the State has contested the fact that the disappearance of Mr.
Anzualdo Castro is attributable to it, indicating that the disappearance was committed
by Sendero Luminoso, based on the fact that he was involved with said group and it
mentioned some documents to base this statement36. Specifically, the State
mentioned that during the ‘90s, at the Economy School of Universidad Técnica del
Callao, “activities were carried out by a group of students affiliated with the terrorist
[…] group Sendero Luminoso.” It expressed that “the key to this issue is Martin Roca
(record of evidence, volume V, appendix 11 to the application, pages 1732-1733); statement of Santiago
Cristóbal Alvarado Santos rendered before the Office of the Fifth Provincial Prosecutor for Criminal Matters
of Callao, on January 14, 1994 (record of evidence, volume V, appendix 11 to the application, pages
1729-1731); statement of Milagros Juana Olivares Huapaya rendered before the Office of the Fifth
Provincial Prosecutor for Criminal Matters of Callao on February 10, 1994 (record of evidence, volume V,
appendix 11 to the application, pages 1743-1744), and statement of Yheimi Torres Tuanama rendered
before the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao on February 11, 1994
(record of evidence, volume V, appendix 11 to the application, pages 1745 to 1747).
34
Cf. affidavit of Santiago Cristobal Alvarado Santos of March 17, 2009 (record of evidence, volume
XI, pages 4368- 4370); statement of Santiago Cristobal Alvarado Santos rendered before the Office of the
Fifth Provincial Prosecutor for Criminal Matters of Callao on January 14, 1994 (record of evidence, volume
V, appendix 11 to the application, pages 1729-1731); statement rendered by Marly Arlene Anzualdo
Castro before the public hearing held before the Inter-American Court on April 2, 2009; statement of
Marly Arlene Anzualdo Castro rendered before the Office of the Fifth Provincial Prosecutor for Criminal
Matters of Callao, on January 14, 1994 (record of evidence, volume V, appendix 11 to the application,
page 1733) and testimony rendered by Felix Vicente Anzualdo Vicuña before the Truth and Reconciliation
Commission on June 22, 2002 (record of evidence, volume VIII, appendix 11 to the brief of pleadings and
motions, page 2757).
35
Cf. statement of Marly Arleny Anzualdo Castro rendered before the Office of the Fifth Provincial
Prosecutor for Criminal Matters of Callao on January 14, 1994 (record of evidence, volume V, appendix 11
to the application, page 1732); statement of Felix Vicente Anzualdo Vicuña before the Office of the Fifth
Provincial Prosecutor for Criminal Matters of Callao, of January 17, 1994 (record of evidence, volume V,
appendix 11 to the application, page 1735); statement of Milagros Juana Olivares Huapaya rendered
before the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao, of February 10, 1994
(record of evidence, volume V, appendix 11 to the application, pages 1743-1744) and statement of Yheimi
Torres Tuanama rendered before the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao
of February 11, 1994 (record of evidence, volume V, appendix 11 to the application, pages 1745 to 1747).
36
The State also made reference to report N° 028-DAN-DIVICOTE-2-DINCOTE of June 16, 1997 of
DINCOTE about the raid conducted on October 8, 1991 by the National Police into the residence of Mr.
Félix Anzualdo Vicuña, in which it was mentioned that “in such raid, [four] leaders of [said] terrorist
organization were arrested”, including, Mr. Anzualdo Castro, “and during such search, the police found
explosives, ammunitions, manuscripts of a subversive nature.” It indicated that “many of those” people
were later on convicted of terrorism and aggravated murder. In addition, the State referred to the police
report N°211-BREDET-DIRCOTE of October 21 that would describe the arrest of several people "as
summonsed”, including Mr. Anzualdo. The State considered it is “important to make a comparison of the
background and life of Kenneth Ney Anzualdo Castro and Martin Roca Casas”, to conclude that they were
both “informants” for the security forces. In addition, it related an “order” issued by Abimael Guzmán, the
then leader of Sendero Luminoso, about the need to execute the “cowards and deserters”, with the
responsibility for the disappearance of Mr. Anzualdo to such group. Lastly, based on five publications made
in the Peruvian newspapers of 1991, the State claims that Mr. Anzualdo would have participated in
criminal acts committed by members of Sendero Luminoso, even the murder of the former Ministry of
Labor and another attack. It pointed out that the Truth and Reconciliation Commission and the
Ombudsman accuse said terrorist group of being the main perpetrator of the murders and disappearances
of Peruvian people.
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