55
175. The State’s witness, Luis Alberto Rueda Curimania, explained that the stages of an
internationally regulated forensic anthropological investigation consist of: “a first stage, which is
the preliminary forensic investigation; a second stage, which involves the recovery of human
remains and associated elements, also called exhumation; and the third stage is the analysis of
the recovered remains for the purposes of identification and determination of the cause and
manner of death.” 209 As indicated in the following paragraphs, these stages present particularly
serious omissions and deficiencies that have persisted until the present day.
176. First of all, after the procedure of July 18, 1991, and even while in State custody, it is not
known what happened to the remains recovered and the evidence collected on that occasion. On
this point, during the public hearing before this Court, the State was asked to present, as helpful
evidence, updated information on the actions taken to locate the remains found in the mine in
July 1991. In response, Peru indicated that the Specialized 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.” For the Court, it is especially significant
that, for more than 23 years, the State has not made any effort to locate the remains and that,
despite having been requested by this Court, said information has not been provided (supra
paras. 101 and 171).
177. Second, during the first 18 years after the events occurred, there was an absolute
omission on the part of the State to carry out any investigative activity to search for, recover
and eventually identify the fifteen victims of this case. During that period, there is no record to
indicate that the mine site was guarded in order to prevent tampering by third parties. From the
evidence presented in this case, it is clear that it was not until 2009 that the "Misteriosa" or
"Vallarón" mine was again investigated (supra paras. 137-139). In addition, after interviews
were conducted with witnesses and family members, as well as surveys (instrument –ante
mortem data sheet), on April 18 and 19, 2010, a summary of the ante mortem data sheets was
prepared. 210 On September 30, 2010, six family members were “sampled”, obtaining their
complete genetic profiles and, subsequently, on January 21, 2015, the complete profile of one
more family member was obtained (supra para. 144). There is no record of any efforts to locate
and obtain additional information from other relatives.
178. Third, although the evidence is not clear on the number of procedures carried out in the
search and recovery of human skeletal remains in the mine between 2009 and 2011, it is clear
that the recommendations made by the experts regarding the intervention of the site were not
followed. In fact, despite the recommendation that the forensic archaeological intervention
should be carried out between April and October to avoid the rainy season, this was carried out
from November 16 to 18, 2009 and from March 1 to 8, 2010. Nor is it possible to determine
whether the recommendations regarding the safety measures to be taken at the site, based on
the expert report of January 21, 2010, were complied with. Consequently, the procedures carried
out from March 1 to 8, 2010, had to contend with constant water seepage at the site which
muddied the ground as well as constant rock falls (supra paras. 138 to 141).
179. Fourth, while in State custody, there is no record regarding the processing and
whereabouts of the evidence collected on November 16 to 18, 2009 and on October 12, 2011,
which was taken to the Forensic Investigations Laboratory of Ayacucho and packed in order to
be sent to the Criminalistics Department of the PNP. Nor is it possible to verify whether the new
evidence found at the site was investigated (supra paras. 138, 142 and 143).
180. Fifth, prior to the excavation and exhumation of skeletal remains in 2009 and 2010, it is
clear that there was no adequate record of the location and determined area of the grave site or
209
210
Statement of Luis Alberto Rueda Curimania at the public hearing held on January 26, 2015.
Cf. Expert Report No. 018 on procedures of April 18 and 19, 2010 (evidence file, folios 4340 and 4352).