of the chamber, the proceeding on the forced disappearance of Kenneth Ney Anzualdo
underwent an additional delay of almost a year.”
11.
The Commission noted that, in the private hearing, the investigations were still at an
initial stage, and it agreed with the State that the obstacles in the proceeding were related
to the "faults within the hearing and the change of the judges and prosecutors,” to which it
asked the Court to request the State to provide specific information so that such delays
would not occur in the future.
12.
The Court recalls that the Judgment highlighted the State’s obligation to fight the
situation of impunity with all available legal means, as impunity fosters the chronic
repetition of human rights violations and the total defenselessness of the victims, who are
entitled to learn about truth of the facts. 10 Based on the aforementioned, this Court takes
into account the actions carried out by the State and values the efforts that were made,
aimed at carrying out the criminal proceedings in order to find and punish those responsible
for the forced disappearance of Mr. Anzualdo Castro; nevertheless, it is indispensable that in
its next brief, it report on the specific advancements made in the investigations, as well as
the actions it has taken to identify the indirect perpetrators of the crime.
B. Obligation to immediately proceed to search for and locate Kenneth Ney
Anzualdo Castro or, if applicable, his mortal remains, by means of the
criminal investigation or any other adequate and effective procedure
(operative paragraph six)
13.
By way of a brief dated July 5, 2013, the State specified that it was “awaiting the
receipt of information from the Public Prosecutor’s Office on the measures that [have been]
carried out in order to determine the whereabouts of Mr. Anzualdo Castro’s mortal remains.”
14.
The representatives noted during the private hearing on monitoring of compliance
that "Kenneth Ney Anzualdo’s family’s main desire is to obtain justice and locate the
remains of the victim, regarding which they have not heard any specific information in
relation to this case.” Similarly, by way of a brief dated August 8, 2013, they reported that
"more than 3 years have passed since the judgment was issued, and the State has not
report[ed] on the performance of a single procedure aimed at fulfilling this measure,” to
which they recalled that "the location of the remains and their delivery to the next-of-kin is
essential in cases of forced disappearance in order to repair the damage that was caused.”
15.
The Court recalls that in its Judgment, it noted that “the domestic criminal
proceedings ha[d] not provided effective recourses to determine the fate or whereabouts of
the victim, or to guarantee the right to access justice and know the truth, by means of the
investigation and possible punishment of those responsible and the full reparation of the
consequences that resulted from the violations.” 11 In this sense, it stated that “the State
must conduct and conclude the corresponding investigations and proceedings within a
reasonable time, in order to establish the whole truth of the facts, in light of the criteria
mentioned regarding the investigations in cases of forced disappearance,” 12 as well as
“immediately proceed to search for and locate [Mr. Anzualdo Castro] or his mortal remains,
by means of a criminal investigation or another effective and appropriate procedure.” 13
10
Case of Anzualdo Castro V. Perú. Preliminary Objections, Merits, Reparations and Costs. Judgment of
September 22, 2009. Series C No. 202, para. 179.
11
Case of Anzualdo Castro, supra, para. 168.
12
Case of Anzualdo Castro, supra, para. 181.
13
Case of Anzualdo Castro, supra, para. 185.
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