68
Peruvian Army when they went to the Headquarters of the Political and Military Command
to deliver a letter;
iv)
it received official letter No. 467-91-FPM-Hvca of July 18, 1991, reporting on the removal
of the corpses carried out that day together with the Examining Magistrate.
224. Furthermore, despite the fact that on July 12, 1991, the Administrative Council of Santa
Bárbara informed the Mixed Provincial Prosecutor’s Office of Huancavelica of the discovery of the
victims’ remains and requested the removal of their bodies – a request that was reiterated to said
Office on July 17, 1991 - it was not until July 18, 1991, that the remains were removed, that is,
two weeks after the events occurred, ten days after the complaint was filed and six days after the
discovery was reported (supra paras. 98 to 101). In addition, this Court has already pointed out
that it is not known what happened to the evidence collected on that occasion and that for more
than 23 years the State has made no effort to locate the remains (supra para. 176).
225. The Court has also established that the Special Attorney’s Office of the Human Rights
Ombudsman received complaints from Nicolás Hilario Morán, president of the Administrative
Council of the community of Santa Bárbara, and Máximo Pérez Torres, treasurer of its municipal
agency, on July 17, 1991, and from Alejandro Huamaní Robles on July 23 and August 2 of the
same year. The same individuals also filed complaints before the Minister of Defense, the former
on July 17, and Mr. Huamaní on August 5, 1991. Finally, Mr. Huamaní also filed a complaint on
July 18 with the Office of the Huancavelica Senior Prosecutor (supra paras. 100 and 102). There
is no record in the case file of the actions taken by these entities in response to the aforementioned
complaints.
226. In this regard, the Court recalls that, in cases of alleged forced disappearance, it is essential
that the prosecutorial and judicial authorities take immediate action, ordering timely and necessary
measures to determine the whereabouts of the victim or the place where he or she is being
detained. 251
227. Likewise, for an investigation into an alleged forced disappearance to be carried out
effectively and with due diligence, the authorities in charge must use all necessary means to
promptly carry out those actions and inquiries that are essential and timely to clarify the fate of
the victims. 252 On several occasions, this Court has ruled on the obligation of the States to conduct
a thorough search, using the appropriate judicial or administrative mechanisms, in which every
effort is made, systematically and rigorously, with the adequate and appropriate human, technical
and scientific resources, to establish the whereabouts of the disappeared persons. 253 In this case,
there is no evidence that, once the corresponding authorities were informed of the events that had
occurred, they immediately adopted the necessary search measures to find the missing persons.
Furthermore, the State has not demonstrated that the authorities who received the reports of the
detention and disappearance of fifteen members of the community of Santa Bárbara have carried
out basic procedures such as inspecting the place where these villagers lived and where their
homes were burned.
228. In addition, in this case, the reports made by various members of the community of Santa
Bárbara indicated that the disappeared victims had been detained by military personnel and,
subsequently, that their remains were found in the “Misteriosa” or “Vallarón” mine. Therefore, the
duty of due diligence in the investigation of these facts included a correct handling of the crime
Cf. Case of Anzualdo Castro v. Peru, supra, para. 134, and Case of Rochac Hernández et al. v. El Salvador. Merits,
reparations and costs. Judgment of October 14, 2014. Series C No. 285, para. 139.
252
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 174, and Case of Osorio Rivera and Family Members
v. Peru, supra, para. 182.
253
Cf. Case of Gudiel Álvarez et al. (Diario Militar) v. Guatemala, supra, para. 334, and Case of Rodríguez Vera et al.
(Disappeared of the Palace of Justice) v. Colombia, supra, para. 480.
251