crime of terrorism against the State, which concluded with a guilty verdict handed
down on February 2, 2006. In this regard, the Transitory Criminal Chamber of the
Supreme Court of Justice, in a final judgment dated July 5, 2007, declared the
“Nullity” of the ruling that convicted one of the accused “as author of the crime
against public order – terrorism – murder of Pedro Crisólogo Huilca Tecse, against the
State, amended the judgment and acquitted the said individual of the charges against
him”; (ii) the criminal proceedings before the Fourth Supra-provincial Criminal Court
for the crime against public order – terrorism against the State, under file No. 144-03
or 485-03, in which, on March 21, 2007, the Transitory Criminal Chamber decided that
there was no nullity in the judgment of March 7, 2006, delivered by the National
Criminal Chamber that acquitted those accused of the charges, and (iii) the
investigation into the presumed members of the Colina Group, during which, in a
decision of the Third Special Criminal Court of April 28, 2010, it was decided “to open
preliminary proceedings in the ordinary jurisdiction against Vladimiro Montesinos
Torres and others for the presumed crime against life, body and health – aggravated
homicide – of Pedro Huilca Tecse.” Nevertheless, the State did not present information
on any progress in the criminal complaint filed by the Prosecutor General on April 23,
2004, against Alberto Fujimori Fujimori, referred to in the Judgment. 5
6.
The representatives advised that, during the criminal proceedings against
Vladimiro Montesinos Torres and others before the Third Liquidating Criminal Court of
the Superior Court of Justice of Lima and, currently, before the Fourth Liquidating
Criminal Court of the Superior Court of Justice of Lima, under case file No. 04-2010 or
046-2010, Martha Flores, Indira Huilca Flores and Flor Huilca Gutiérrez appeared as a
civil party. They indicated that, currently, the said proceedings were examining the
charges brought by the prosecution on January 21, 2013, against the presumed
perpetrators and masterminds for the crime against life, body and health, aggravated
homicide – murder – with the aggravating circumstances of premeditation, established
in subparagraph 3 of article 108 of the Criminal Code, against Pedro Huilca Tecse, and
that the respective indictment was about to be issued. In addition, they indicated that
the State had not provided information on the criminal proceedings that were being
processed under this case file, but rather sent information on case file No. 144-03,
“which is not related to the [instant] case.” The representatives asked that the State
provide information on the status of the said proceedings and observed with great
concern “that they have been subject to considerable delay, because, more than 20
years after the events occurred, impunity continues to reign with regard to the
execution of Pedro Huilca Tecse.”
7.
The Commission observed with concern “the absence of information from the
State, which is revealed by the most recent reports.” It reiterated the importance that
the investigation be conducted with the required diligence so that it became an
effective mechanism to overcome the situation of impunity of the facts of the case.
Lastly, it considered it pertinent that the Court ask the State to present, as soon as
possible, complete, detailed and recent information on the status of the criminal
proceedings.
8.
The Court notes that, even though more than 20 years have passed since the
events of this case occurred, and more than eight years since the Judgment was
handed down, a situation of impunity continues to exist with regard to the violations
declared in this case. In this regard, the Court has indicated consistently in its case
5
Cf. Case of Huilca Tecse v. Peru. Merits, reparations and costs. Judgment of March 3, 2005. Series
C No. 121, para. 60.55 to 60.57.
4