87 B.2. Determination of the whereabouts, recovery and identification of the disappeared victims Arguments of the Commission and the parties 291. The Commission requested the establishment of a mechanism that would allow, to the greatest extent possible, the complete identification of the disappeared victims and the return of their mortal remains to their next of kin. In addition, it stressed the importance that, to put an end to the forced disappearances and clarify what happened, the Court order the State to deploy all necessary measures to correct the deficiencies that have occurred so far in the forensic procedures and ensure the fullest possible identification of the victims in this case, using all the technical and scientific mechanisms at its disposal. 292. The representatives also asked the Court to order the State to establish a mechanism that allows, to the greatest extent possible, the complete identification of the disappeared victims and the return of their mortal remains to their next of kin. They pointed out that any activity aimed at locating the whereabouts of the disappeared victims must be carried out with the consent and participation of their next of kin or their legal representatives. Specifically, they asked the Court to order the State to take the necessary steps to identify the remains that have already been found but have not been identified. In addition, they requested that a third exhumation be ordered to ensure a thorough exploration of the “Misteriosa” or “Vallarón” mine, and to exhaust all investigations to find the remains of the 15 victims. Finally, in the event that the mortal remains are found, they should be delivered to their relatives after genetic verification of filiation, as soon as possible and free of charge. They also requested that the State cover the funeral expenses, in accordance with the families’ beliefs and in agreement with them, and provide an adequate space so that the relatives of the victims who wish to do so can deposit their remains in the Tambillo Cemetery or in the place agreed with the victims. 293. The State indicated that it is fully prepared to carry out the necessary actions for the identification of the alleged victims in the instant case, as it has demonstrated with the latest procedures carried out by the Specialized Forensic Team (EFE) of the Institute of Legal Medicine and Forensic Sciences of the Public Prosecutor's Office. However, it maintained that it is undeniable that to date there are serious objective limitations that make it impossible for the State to comply with the Commission's requirements. In this regard, it asked the Court to take into account that the Institute of Legal Medicine reported that “the possibilities of identification of the human skeletal remains are limited, due to the fact that there are no samples from family members with which to compare the DNA profiles obtained from the skeletal remains. Likewise, the sample of bone remains obtained at the scene of the facts is small, and it was in a poor state of preservation due to the conditions of the area where it was obtained and the passage of time.” According to the State, "[i]t is these objective limitations (and not apathy or inaction on the part of the Peruvian State) that would make it impossible to achieve this objective even if the maximum efforts and forensic work were carried out.” On the other hand, and as a general framework to be assessed by the Court, it referred to “the mechanisms for the identification of victims through DNA sampling from family members and from the skeletal remains exhumed to date by the competent State bodies,” as well as to the work of the Specialized Forensic Team (EFE) of the Institute of Legal Medicine and Forensic Sciences of the Public Prosecutor’s Office. Considerations of the Court 294. In the instant case, there is still a lack of clear evidence regarding the whereabouts of the fifteen victims who were forcibly disappeared and uncertainty as to whether the remains found and recovered in 2009, 2010 and 2011 in the “Misteriosa” or “Vallarón” mine belong to them. Moreover, it is not possible to rule out that skeletal remains may still be found at the site, since there is no certainty as to whether the site was fully excavated. To date, there are only the genetic profiles of seven relatives (supra para. 144) and there is information on the death of at least six

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