58
186. The Commission as well as the representatives considered it was relevant the
approach made by the expert witness Baraybar, in relation to the adoption of a
public policy tending to identify and determine, “in an standardized manner”, the
universe of people who disappeared during the conflict- not definitive so far-, to
continue searching for the remains as well as to establish a bank of genetic data that
would allow the possible delivery of such remains to the victims’ next-of-kin.
187. The State mentioned that there is, currently, “a law regarding the
investigation carried out by the prosecuting authorities in relation to the findings of
mortal remains in graves”; it specifically furnished the internal Directive Nº 0112001-MP-FN, issued by the Attorney’s Office on September 8, 2001. In addition, the
State alleged that between 2006 and 2009, the "Specialized Forensic Team at the
National Level of the Public Prosecutor's Office has participated in the exhumation of
a hundred and four (104) clandestine graves.” Furthermore, it informed that the
“Public Prosecutor’s Office has executed three Projects with the United States
Development Program (UNDP) that strengthen the work of the Offices of the Special
Prosecutors on Forced Disappearances, Extrajudicial Executions and Burials, which
have been carried out up to the present”228. In addition, the State has submitted the
Final Report of the Project 00014429-PER/02/U39 on the “Strengthening of the
Office of the Special Prosecutor on Forced Disappearances, Extrajudicial Executions
and Burials.”
188. The Court notes that, in its expert examination, expert witness Baraybar
emphasized some drawbacks in the investigations it furnished; he expressed that
the State does not count on a public policy that allow elucidating the forced
disappearances perpetrated between 1980 and 2000, and he highlighted there were
serious methodological deficiencies, including the absence of activities aimed at
"defining the universe of people that are being searched.” Moreover, the Tribunal
views as a positive step the domestic legislation of the Office of the Attorney’s
General as well as the measures adopted by the Public Prosecutor’s Office. In
particular, the Court notes that there is no coincidence as to the number of forced
disappeared perpetrated during the internal conflict in Peru, though it is clear that
the percentage of victims identified so far, is very low in comparison to the total
number announced by entities such as the Truth and Reconciliation Commission.229
189. This Tribunal urges the State to continue making all the necessary efforts and
to adopt the administrative and legal measures and public policies that may
correspond, to determine the people that disappeared during the internal conflict
and, if applicable, identify their mortal remains by means of the most effective
technical and scientific means and, as long as it is possible and scientifically
advisable, by the standardization of the investigation criteria. To that end, the
Tribunal considers it is necessary for the State to establish, among other measures it
need to adopt, a system of genetic information to allow the determination and
elucidation of the blood relationship of the victims, as well as their identification.
228
Cf. supplemental argument of the Peruvian State, according to which the projects are the
following: Project Nº 00046682 “Support of the Spanish Agency for International Cooperation (AECI) to
the Offices of Special Prosecutor on Forced Disappearance, Extrajudicial Executions and Burials”; Project
Nº 00048665 “Burials and Identification of Disappeared Victims and Legal Recourse of the corresponding
Criminal proceedings.” Project Nº 00049629 “Implementation of the DNA Laboratory for the Office of the
Special Prosecutor on Burials", in charge of the National Office of the Institute of Legal Medicine.
229
Cf. Final Report of the CVR, 2003, volume VI, chapter 1.2 Forced Disappearance of people by
state agents, pages 73-81, available at http://www.cverdad.org.pe/ifinal/index.php
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