28 extended to certain public universities. In 1993, the year in which the facts of the instant case occurred, many students of several universities were made disappeared.97 81. As a result, the deprivation of liberty was of a nature blatantly contrary to the typical definition of rule of law in a democratic society, in violation of the right to personal liberty of Mr. Anzualdo Castro. 82. As to what happened to Mr. Anzualdo after his detention in the basement of SIE, the indicia and evidence furnished do not allow to determine his fate or whereabouts. The fact that “detainee 5C”- presumably, Mr. Anzualdo- did no longer appear in the logbooks of the SIE as of December 30, 1993 (supra paras. 43 and 50) may have different explanations, including the possibility that he was transferred to another place. Nevertheless, the truth is that his whereabouts remains unknown; therefore the appropriate legal discussion for his situation is that of forced disappearance of persons. 83. With regard to the methods used to destroy evidence of the crimes committed during the forced disappearance, the Truth and Reconciliation Commission noted that the methods included, but were not limited to, mutilation or incineration of the victims ‘remains. Such practice was characterized by the use of clandestine detention centers, for example, those set up in the premises of the Army’s Intelligence Service, widely known as the basements of the SIE, where disappeared people were interrogated and, probably, murdered. It was verified that incinerators were installed in such basements in order to eliminate the material evidence of the disappeared people who were executed and ensure, in this way, impunity; a practice that was observed in other state premises of the country.98 The existence of the basements at the SIE and the incinerators was confirmed in the book “Muerte en el Pentagonito”99 and the expert witness, Mr. Baraybar, described before the Court his visit to the basements of the SIE and the existence of two incinerators, as well as the findings of human remains inside them.100 84. Likewise, the Ad Hoc State Attorney’s Office made reference to the pattern mentioned by indicating that: “[the] people would have been tortured in order to obtain information from them about the subversive organization, and their whereabouts remain unknown up to the present, which allows to establish that they were eliminated by agents of SIE and their remains incinerated, according to witnesses sealed with secret codes" and that "Anzualdo [...] was alive little time in the Pentagonito.”101 97 Cf. Final Report of the CVR, 2003, volume V, chapter 2, Stories that represent violence, page 690, available at http://www.cverdad.org.pe/ifinal/index.php 98 Cf. Final Report of the CVR, 2003, volume VI, chapter 1.2 Forced Disappearance of people by state agents, pages 71, 72 and 114, available at http://www.cverdad.org.pe/ifinal/index.php, and report of the Investigating Subcommittee in charge of the investigation of the constitutional complaint Nº 134, pages. 27-30 (record of evidence, volume VIII, appendix 13 of the brief of pleadings and motions, pages 2806-2809). 99 2004. “Muerte en el Pentagonito” was written by the journalist Ricardo Uceda and published in the year 100 Cf. expert opinion rendered by expert witness José Pablo Baraybar Do Carmo at the public hearing held before the Inter-American Court on April 2, 2009. 101 Cf. amendment to request the Active Extradition of the Ad Hoc State’s Attorney Office of March 21, 2006 (record of evidence, Volume VIII, appendix 16 to the Brief of Pleadings and Motions, pages 2909 to 2910).

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos