44
143. Based on the intervention of October 12, 2011, it cannot be ruled out that skeletal
remains and evidence may still be found at the site. 157 There is no record of any action taken
subsequently.
144. Once the forensic anthropology and odontology analyses were performed of the skeletal
remains recovered between March 1 and 8, 2010 in the abandoned “Misteriosa” or “Vallarón”
mine (supra para. 140), in April and May 2010, the Forensic Investigations Laboratory and the
Institute of Legal Medicine of the Public Prosecutor’s Office recommended their biomolecular
analysis at the genetic level (DNA). 158 The Court notes that the information from the Public
Prosecutor’s Office on the processing of the recovered remains is disaggregated and contains
serious inconsistencies. However, from the evidence it is possible to conclude that on September
30, 2010, six family members were sampled, obtaining the complete genetic profiles of Zenón
Cirilo Osnayo Tunque, Zósimo Hilario Quispe, Marino Huamaní Vergara, Abilio Hilario Quispe,
Gregorio Hilario Quispe and Víctor Carhuapoma de la Cruz. 159 In addition, samples were taken
from the bone remains recovered, obtaining four complete genetic profiles, which were used for
comparison with the six samples taken from the family members; however, according to the
report of the Public Prosecutor’s Office of October 24, 2012, none of them matched. 160
Subsequently, on January 21, 2015, the complete profile of Marcelo Hilario Quispe was also
obtained. 161 Finally, although a re-analysis of the samples from the case began on January 22,
2015, there is still uncertainty about their correspondence with the victims in this case, 162 none
of whom have been identified.
G. Alleged cover-up mechanisms, lack of due diligence and irregularities in the capture
of the absent defendants and the forensic procedures
145. A fundamental part of the facts of this case concerns the allegations of the Commission
and the representatives that, from the outset of the alleged forced disappearances, a series of
cover-up mechanisms were used, which were clearly deliberate and included, at least: the denial
of the detentions; the use of dynamite on several occasions and during the first ten days after
the events occurred in the abandoned “Misteriosa” or “Vallarón” mine as a mechanism to destroy
the evidence of what happened, to permanently eliminate the remains of the victims and thus
avoid revealing their fate; harassment and arrests of villagers who reported the facts, and
threats against judicial operators. They also alleged the lack of due diligence and irregularities
in the capture of the absent defendants, as well as in the forensic procedures, arguing that the
latter situation has prevented the identification of the skeletal remains recovered and their
157
Cf. Expert Report of José Pablo Baraybar do Carmo of January 26, 2015 (merits file, folio 1218), and statement
of Zenón Cirilo Osnayo Tunque at the public hearing held on January 26, 2015.
158
A Forensic Investigations Laboratory Expert Report, a Forensic Anthropological Report and an Odontological
Expert Report of April and May 2010, recommended “the taking of DNA samples from the next of kin” and “the
registration [of their] genetic profile,” as well as "the individualized bone elements to be subjected to biomolecular
analysis at the genetic (DNA) level.” Specifically, the Forensic Anthropological Report indicated that from the analysis
performed up to that moment, “in no case is the presumed positive identification probable,” as supported by "[t]he use
and application of methods and techniques typical of anthropology and forensic odontology" and, therefore, the
"biomolecular analysis at the genetic level (DNA)” was suggested. Cf. Expert Report of the Forensic Investigations
Laboratory No. 018 on procedures carried out on April 18 and 19, 2010 (evidence file, folios 4340 and 4352); Forensic
Anthropological Report, Case of the “Misteriosa” or “Vallarón Mine”, 2010 (evidence file, folios 4256 to 4307), and
Odontological Expert Report on teeth recovered from the “Misteriosa” or “Vallarón” mine, 2010 (evidence file, folios 4308
to 4323).
159
Cf. Official letter of the Criminalistics Department of the Institute of Legal Medicine, Public Prosecutor’s Office,
of March 20, 2014 (evidence file, folios 4624 and 4625); results corresponding to the “Mina Misteriosa” Case, DNA tests,
Public Prosecutor’s Office of October 24, 2014 (evidence file, folios 5582 to 5596), and Memorandum of May 28, 2013
del Molecular Biology and Genetics Laboratory of the Public Prosecutor’s Office (evidence file, folios 5599 and 5600).
160
Cf. Results corresponding to the case of Mine Misteriosa, DNA test, Public Prosecutor’s Office of October 24,
2012 (evidence file, folios 5582 to 5596).
161
Cf. Official letter of the Molecular Biology and Genetics Laboratory of the Institute of Legal Medicine of February
19, 2015 (evidence file, folios 5513 and 5514).
162
Cf. Official letter of the Molecular Biology and Genetics Laboratory of the Institute of Legal Medicine of February
19, 2015 (evidence file, folios 5510 and 5515).