19
issues of jurisdiction arose among the prosecutors.49 As of September 5, 2005, more than
15 years after the murders, and more than four years after the complaint filed by the next
of kin, the investigations in the case were reopened; they were then, and still are, in their
initial stages.50
The Report of the Truth and Reconciliation Commission
77.
Regarding the facts of the case, the Truth and Reconciliation Commission (CVR)
devoted a chapter of its Final Report to the Rodrigo Franco Commando. In this chapter the
CVR examined several cases in which the Rodrigo Franco Commando took part; they
included the death of Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz.51 In the
Report, the CVR stated “that there are sufficient credible elements to affirm that the group
calling itself the ‘Rodrigo Franco Commando’ existed in [Peru] as a paramilitary
organization” and went on to refer to its formation, organization, and methods of operation.
According to the CVR, this paramilitary commando was supported by a small number of
police agents, members of GRUDE (the Police Special Operations Directorate Group) and
DIRCOTE, acting under the command of the Minister of the Interior.52
78.
In particular, the CVR stated in its Final Report that “information existed for it to be
plausibly assumed that individuals who allegedly belonged to this Commando were
responsible [...for the] murders of the trade union leader, Saúl Cantoral-Huamaní, and of
Consuelo García.”53
ii) Concerning the State’s responsibility for the acts to which Saúl Cantoral-Huamaní and
Consuelo García-Santa Cruz were subjected
49
Cf. Report No. 05-2005-2º FPSP-MP-FN issued by the Regular Provincial Prosecutor of the Second Supraprovincial Criminal Prosecutors Office on December 2, 2005 (file of appendixes to the brief answering the
application, appendix 6, page 924).
50
The Second Supraprovincial Prosecutor, who was finally put in charge of the investigation, ordered, among
other matters, that the following measures should be taken: he requested DIRCOTE to forward the police
deposition prepared by Delta 5; he received the preliminary statement made by Ulises Cantoral-Huamaní; he
requested the Thanatological-Forensic Investigations Division to forward the autopsy reports and the results of
other studies carried out on the bodies of the alleged victims (this Division indicated that, although it had
requested the autopsy reports of the alleged victims from the Documentary Procedures Manager, they had not
been forwarded. Consequently, the Second Prosecutor asked the latter to forward the reports directly, but the
Deputy Manager of the Central Files advised that his files did not include the autopsy reports of the alleged
victims.) He obtained from the Ombudsman’s Office the transcript of the CVR public hearings of cases in Lima, a
VHS tape, and an audio tape containing a CVR interview with Ulises Cantoral Huamaní; he received a preliminary
statement from Rosa Amelia García-Santa Cruz, Consuelo Santa Cruz’s sister; he sent an official letter to the
Anglo-American Clinic requesting information on the medical care received by Saúl Isaac Cantoral-Huamaní
between July and August 1988; he summoned several persons to make preliminary statements; he requested a
graphology report from the Criminalistic Directorate of the Peruvian National Police on a manuscript found near the
place where the bodies of the alleged victims were discovered, and also a ballistics report on the bullets and
cartridge cases found at the site of the facts, and forensic reports on the body of Consuelo García Santa Cruz. Cf.
Report No. 05-2005-2º FPSP-MP-FN issued by the Regular Provincial Prosecutor of the Second Supraprovincial
Criminal Prosecutors Office on December 2, 2005 (file of appendixes to the brief answering the application,
appendix 6, page 926-928).
51
Cf. Final Report of the Truth and Reconciliation Commission, supra para. 48, Volume VII, Section 2.19,
“The murders committed by the paramilitary group calling itself the Rodrigo Franco commando (1985-1990)” (file
of appendixes to the application, appendix 2, pages 5 to 10);
52
Cf. Final Report of the Truth and Reconciliation Commission, supra para. 48, Volume VII, Section 2.19,
“The murders committed by the paramilitary group calling itself the Rodrigo Franco commando (1985-1990)” (file
of appendixes to the application, appendix 2, pages 13 to 15 and 17);
53
Cf. Final Report of the Truth and Reconciliation Commission, supra para. 48, Volume VII, Section 2.19,
“The murders committed by the paramilitary group calling itself the Rodrigo Franco commando (1985-1990)” (file
of appendixes to the application, appendix 2, page 20);
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