versions of persons who were walking in that area at the time. When several friends appeared before the local police station and the Peruvian Army Base to inquire about the situation and whereabouts of the detainees, they were turned away with indications that there were no detainees there bearing those names (…).117 125. The petitioners reported that the background to the detention was a raid by the Shining Path on November 9, 1990 in the village of Juan Santos Atahualpa de Tocache, where they set fire to the house of the mother of Néstor Rojas Medina, killing the school principal, who was his cousin. At that same time, about 100 families from the locality were forced to abandon their land and flee because of terrorist violence. Because of food, shelter, schooling, and health needs, Néstor decided to go back to Tocache to get back what he had lost and to withdraw some of his mother’s bank savings.118 126. According to the petitioners, on March 8, 1991, the mother of Néstor Rojas Medina filed a complaint for his disappearance with the Office of the Attorney General of the Nation. In June 1992, the Prosecution Service of the Office of the Human Rights Ombudsperson reported to the next of kin that the person responsible had been identified and that he was allegedly the Chief of Command of the General Police of Tocache.119 Nevertheless, the petitioners indicated that, because of the application of the Amnesty Law of June 15, 1995, it was not possible to file proceedings against this person. The state did not challenge this information. 127. On September 16, 2004, Ms. Marcelina Medina Negrón filed with the Provincial Prosecution Service Specializing in Forced Disappearances a criminal complaint against the Commander also known as “Tito,” Chief of Command of the General Police of Tocache, for the crimes of kidnapping and forced disappearance of Néstor Rojas Medina.120 128. On August 22, 2005, the next of kin of Néstor Rojas Medina requested the Office of the Human Rights Ombudsperson a certificate of absence as a result of forced disappearance in the framework of Law 28413 (law governing absence because of forced disappearance during the period 1980-2000).121 129. The Office of the Human Rights Ombudsperson issued Verification Report No. 6790-20006OD/Lima on September 6, 2006 where it observed, as part of the background to the case, that “the disappearance of Néstor Rojas Medina is registered in the Consolidated List of the Database of the Truth and Reconciliation Commission included in the Publication “Peruvians who are missing: Preliminary List of Persons Missing because of Violence (1980-2000), with registration No. 6790”.”122 130. In its report, the Office of the Human Rights Ombudsperson referred to information appearing in the archives of documents of the Public Prosecutor’s Office: a) Complaint filed by Marcelina Medina Negrón on March 8, 1991 with the Office of the Attorney General of the Nation. b) Official Letter No. 645-DL-S, of March 21, 1991, from the Secretariat of the Senate to the Office of the Attorney General of the Nation, informing that, on February 14, 1991, Senator Hurtado Pozo contacted the Chief of Command of the General Police of Tocache, who 117 Annex 52. Complaint filed by Ms. Consuela Sejas Landa with the Prosecution Service of the province of Tocache. Communication from the petitioners of September 23, 2011. 118 Annex 51. Communication from the petitioners of September 23, 2011. 119 Annex 51. Communication from the petitioners of September 23, 2011. 120 Annex 53. Communication from the state of December 7, 2004. 121 Annex 54. Verification Report No. 6790-20006-OD/Lima of September 6, 2006. Communication from the petitioners of May 122 Annex 54. Verification Report No. 6790-20006-OD/Lima of September 6, 2006. Communication from the petitioners of May 25, 2007. 25, 2007.

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