33
of 19 fragments of probable human remains, 93 sent by the forensic medicine experts to Lima for
the respective analysis, since they did not have the necessary equipment. 94 The file contains no
record of any subsequent action related to the items and remains found on July 18, 1991, and,
as reported by the State, the Special Forensic Team (EFE) of the Institute of Legal Medicine and
Forensic Sciences of the Public Prosecutor’s Office “did not provide information concerning the
procedure of July 18, 1991.”
102. For his part, Alejandro Huamaní Robles filed at least five complaints regarding the
detention and disappearance of his son, Elihoref Huamaní Vergara, on July 4, 1991, by fifteen
soldiers from the military base of Huancavelica and/or Lircay, indicating that since that date his
whereabouts have been unknown. The complaints were filed on the following dates: July 15,
1991, before the Special Prosecutor’s Office for Crime Prevention of Huancavelica; 95 July 18
1991, before the Huancavelica Senior Superior Court Prosecutor; 96 July 23 and August 2, 1991,
before the Office of the Special Attorney of the Human Rights Ombudsman; 97 and August 5,
1991, before the Minister of Defense. 98 According to the account contained in some of these
reports, after the soldiers ordered Elihoref Huamaní Vergara to accompany them, Alejandro
Huamaní Robles, who did not express concern when his son was forced to join the soldiers, 99
and his grandson Elías Pumacahua Huamaní, were forced to continue on their way. During their
journey, they again encountered two more groups of soldiers; the second group included civilian
detainees who were herding a large number of cattle and horses. Ten days later, Alejandro
Huamaní Robles found out that his son had not returned. 100
103. On July 18, 1991, Alejandro Huamaní Robles filed a writ of habeas corpus on behalf of
his son Elihoref Huamaní Vergara before the Examining Magistrate’s Court of Huancavelica. 101
On July 22, 1991, said court declared the habeas corpus action inadmissible, given that “based
on the findings and the statements received from the units of the Security Police, General Police,
Technical Police and the Military Base and Political-Military Command[,] the detention of Elihoref
Huamaní Vergara has not been proven, therefore [,] the facts set forth in the complaint have
not been shown to have actually taken place, for which reason the complaint has no concrete
factual basis.” 102 The ruling was appealed by Alejandro Huamaní Robles on August 5, 1991,
before the same court, 103but there is no record in the case file to show if the appeal was decided.
Cf. Preliminary Anatomical-Pathological Identification Record of 19 fragments of probable human remains of
July 19, 1991 (evidence file, folio 3866), and Judgment of the National Criminal Chamber of February 9, 2012 (evidence
file, folio 4446).
94
Cf. Report No. 17-91-FPEPD-HVCA of August 8, 1991, sent by the Special Prosecutor for Crime Prevention al
Senior Assistant Criminal Prosecutor in charge of the Office of the Special Attorney of the Ombudsman (evidence file,
folio 200).
95
Cf. Complaint of Alejandro Huamaní Robles of July 15, 1991, before the Special Prosecutor’s Office for Crime
Prevention of Huancavelica (evidence file, folios 34 and 35).
96
Cf. Complaint of Alejandro Huamaní Robles of July 18, 1991, before the Huancavelica Senior Superior Court
Prosecutor (evidence file, folio 42).
97
Cf. Complaint of Alejandro Huamaní Robles of July 23, 1991, before the Office of the Special Attorney of the
Ombudsman (evidence file, folios 38 to 39), and Complaint of Alejandro Huamaní Robles of August 2, 1991 before the
Office of the Special Attorney of the Ombudsman (evidence file, folios 77 to 79).
98
Cf. Complaint filed by Alejandro Huamaní Robles on August 1, 1991 before the Ministry of Defense (evidence
file, folios 96 and 97).
99
Cf. Final Report CVR of Peru, Volume VI, Chapter 1.2, page 533.
100
Cf. Complaint filed by Alejandro Huamaní Robles of July 15, 1991, before the Special Prosecutor’s Office for
Crime Prevention of Huancavelica (evidence file, folios 34 and 35), and Complaint filed by Alejandro Huamaní Robles the
July 23, 1991 before the Office of the Special Attorney of the Ombudsman (evidence file, folios 38 and 39).
101
Cf. Writ of habeas corpus filed by Alejandro Huamaní Robles on behalf of his son Elihoref Huamaní Vergara the
July 18, 1991 before the Examining Magistrate’s Court of Huancavelica (evidence file, folio 82).
102
Cf. Ruling of the Examining Magistrate’s Court of Huancavelica of July 22, 1991, on the habeas corpus action
filed on July 18, 1991 (evidence file, folio 85).
103
Cf. Appeal filed on August 5, 1991, against the order of the Examining Magistrate’s Court of Huancavelica of
July 22, 1991 (evidence file, folio 88).
93