34 or by persons or groups of persons acting with the authorization, support, or acquiescence of the State, followed by an absence of information or a refusal to acknowledge that deprivation of freedom or to give information on the whereabouts of that person, thereby impeding his or her recourse to the applicable legal remedies and procedural guarantees.” 125 179. The Inter-American Commission, the Peruvian Truth and Reconciliation Commission 126 (hereinafter “CVR”), and the Inter-American Court of Human Rights have all established that at the time of the 127 events in Peru there was a pattern of extrajudicial executions, forced disappearances, and massacres attributed to agents of the State and groups linked to the security agencies. 180. As regards the context in which the events took place, the report of the Truth and Reconciliation Commission finds that State agents involved in the counter-subversive effort adopted the practice of forced disappearance as a means to combat subversion, as it had a deterrent effect on militants, potential members, or persons who sympathized with subversive organizations. “The intimidatory effect and message that family or community members could suffer the same violation could serve as a mechanism to discourage the population 128 from continuing to sympathize with, tolerate, or coexist in harmony with subversive groups.” 181. The Report of the Truth and Reconciliation Commission also mentions that, as there was greater impunity where the more isolated social groups were concerned (rural areas, peasants, Quechua speakers, illiterate people, women, etc.), victims of forced disappearance were immediately executed based on the assumption that these social groups would have more limited access to justice, greater fear of reporting the deeds, and less attention paid to their complaints, and therefore it was not necessary to take precautions and mobilize all the resources associated with forced disappearance (detention facilities, mechanisms for disposing of the bodies of 129 victims, etc.). 182. The petitioners sustain that even though the facts that are the subject of this case were investigated by Peru’s Truth and Reconciliation Commission, the State has not acknowledged in an international proceeding its responsibility for the illegal detention and subsequent forcible disappearance of the 15 victims, notwithstanding the existence of several documents in which the State accepts that the facts occurred. They say that, to date, the mortal remains of the 15 victims in the case have not been located or identified. 183. In September 1991, that is, two months after the events occurred, the State informed the Commission that it had been determined that 14 members of Santa Barbara campesino community had been 125 IACHR, Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/II.83, Doc. 31, March 12, 1993, pars. 16 et seq.; IACHR, Report 51/99, Case 10.471 Anetro Castillo Pezo et al., Peru, April 13, 1999, pars. 68-75; IACHR, Report 52/99, Case 10.544 Raúl Zevallos Loayza et al., Peru, April 13, 1999, pars. 45-52; IACHR, Report 53/99, Case 10.551 David Palomino Morales et al., Peru, April 13, 1999, pars. 70-77; IACHR, Report 54/99, Case 10.807, William León Laurente et al., Peru, April 13, pars. 68-75; IACHR, Report 55/99, Case 10.815 Juan De La Cruz Núñez Santana et al., Peru, April 13, 1999, pars. 62-69; IACHR, Report 56/99, Case 10.824 Eudalio Lorenzo Manrique et al., Peru, April 13, 1999, pars. 61-68; IACHR, Report 57/99, Case 10.827 Romer Morales Zegarra et al., Peru, April 13, 1999, pars. 28-35; IACHR, Report 101/01, Case 10.247 et al., Extrajudicial Executions and Forced Disappearances of Persons, Peru, October 11, 2001, pars. 172-179. All of these reports are available at http://www.cidh.oas.org/annual.eng.htm. 126 Truth and Reconciliation Commission, Final Report, Lima: CVR, 2003, Volume VI, Chapter 1.2. Forced Disappearances, p. 57, Available at http://www.cverdad.org.pe/ifinal/index.php; See also Chapter 1.3. Extrajudicial Executions, p. 179. 127 I/A Court H.R., Case of Gómez Palomino. Judgment of November 22, 2005. Series C, No. 136, pars. 54.1 – 54.4. 128 Final Report of the Truth and Reconciliation Commission of Peru. Volume VI, Chapter I: Patterns in the perpetration of crimes and human rights violations, 1.2. Forced Disappearances: Victims of Forced Disappearance, p. 85. 129 Final Report of the Truth and Reconciliation Commission of Peru. Volume VI, Chapter I: Patterns in the perpetration of crimes and human rights violations, 1.2. Forced Disappearances: Victims of Forced Disappearance, p. 105.

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