35
detained on July 4, 1991 and, to date, were missing, since it had not been demonstrated that the remains found in
the Rodeo Pampa sector belonged to the missing persons. Subsequently, during the processing of the case by the
IACHR, the State has not contested the classification of the facts in the instant case as forced disappearance.
184.
The Commission takes it as proven that on July 4, 1991, the Escorpio patrol, in carrying out
Operation Apolonia, the purpose of which was to "capture and/or destroy terrorist elements that were operating
in the community of Santa Barbara," accompanied by a child deserter from the Shining Path who acted as their
guide in the operation, raided the homes of Francisco Hilario Torres and Ramón Hilario Morán, and detained and
took away everyone inside the two houses (seven children and seven adults): Francisco Hilario Torres (age 60
years); his wife, Dionicia Quispe Mallqui (age 57 years); his daughters, Antonia Hilario Quispe (age 31 years) and
Magdalena Hilario Quispe (age 26 years); his daughter-in-law Mercedes Carhuapoma de la Cruz (age 20 years); and
his grandchildren, Yessenia (age 6 years), Miriam (age 3 years), and Edith Osnayo Hilario (age 8 months); Wilmer
Hilario Carhuapoma (age 3 years), and Alex Jorge Hilario (age 6 years); Ramón Hilario Morán (age 26 years); his
wife, Dionicia Guillén (age 24 years), and their sons Raúl Hilario Guillén (age 18 months) and Héctor Hilario Guillén
(age 6 years). The whereabouts of the seven children and seven adults is unknown since then. The Commission
also takes as established that on July 4, 1991, Mr. Elihoref Huamaní Vergara was detained by a military patrol in
the presence of his father and has not been seen since.
185.
The Commission has taken the following circumstances into consideration in determining that in
the instant case the victims were subjected to forced disappearance: first, there was an illegal and arbitrary
detention on the part of the State security forces; second, the victims were taken to an isolated spot a
considerable distance from where they were detained for the precise reason of covering up and concealing the
facts; third, the authorities refused to cooperate in the judicial investigation opened in response to the complaints
lodged; and, fourth, days after the events occurred, a number of military personnel returned to the mine with the
intention of erasing the material traces of the crime and preventing any subsequent investigation or clarification
thereof. In that regard, the Commission takes into account that the main characteristics of the forced
disappearance were the lack of information about the arrest and that the aim of the events that followed was to
impede the exercise of judicial remedies.
186.
In addition, the Commission notes that the case-law of the Court has found that the victims of
forced disappearance in Peru at the time of the events were usually individuals identified by police authorities, by
the military forces and by the paramilitary commandos, as alleged members, collaborators or supporters of
Sendero Luminoso (Shining Path) or the Movimiento Revolucionario Tupac Amarú (Tupac Amarú Revolutionary
130
Movement), as occurred in the instant case. As regards the techniques used to destroy any evidence of the
crimes committed during the forced disappearance procedure, the CVR pointed out in its report that said
131
techniques included, inter alia, the mutilation or cremation of victim’s mortal remains, which is consistent with
the modus operandi used in the instant case.
187.
The Commission also notes that, according to the established facts, to date, the relatives of the
victims have not received the results of the DNA tests, which were only performed in 2010, almost 19 years after
the events occurred, based on the exhumation conducted in March 2010, despite the fact that remains – very
probably human– were found in the removal of the bodies carried out on July 18, 1991.
130
I/A Court H.R., Case of Gómez Palomino. Judgment of November 22, 2005. Series C, No. 136, par. 54.1. See also,
IACHR Application in the Case of Santiago Fortunato Gómez Palomino. (Case 11.062) v. Peru Washington, D.C., September 13,
2004, par. 27.
131
I/A Court H.R, Case of Anzualdo Castro v. Peru, Judgment of September 22, 2009, Series C No. 202, par. 83; I/A
Court H.R., Case of Gómez Palomino. Judgment of November 22, 2005. Series C, No. 136, par. 54.1. See also, IACHR Application
in the Case of Santiago Fortunato Gómez Palomino. (Case 11.062) v. Peru Washington, D.C., September 13, 2004, par. 27.