88
family members of the disappeared victims (supra para. 285). Also, as indicated by the State, the
Institute of Legal Medicine reported on the “limited […] possibilities of identifying the human
skeletal remains,” due to the lack of samples from family members with whom to compare the
four DNA profiles obtained from the skeletal remains, the small sample of skeletal remains obtained
at the scene of the events and their poor state of preservation (supra para. 293).
295. It is a just expectation of the next of kin of the victims of forced disappearances that their
whereabouts should be identified or their remains found so that their identity can be determined
with certainty. This constitutes a measure of reparation and, therefore, generates a correlative
duty for the State to satisfy it. 339 In turn, this allows the next of kin to alleviate the anguish and
suffering caused by such uncertainty. 340 Receiving the body of a person who has been forcibly
disappeared is of the utmost importance for their next of kin, because it allows them to bury him
or her according to their beliefs, and to close the mourning process that they have experienced
throughout these years. 341 In addition, the Court considers that the remains provide evidence of
what happened and, together with the place where they are found, can provide valuable
information about the perpetrators of the violations and the institution to which they belonged, 342
particularly when they are State agents. 343
296. The Court appreciates the willingness expressed by Peru to carry out the necessary actions
for the identification of the victims and considers this an important step toward reparation in this
case. In the specific circumstances surrounding the facts of this case, the Court considers that the
State must initiate, in a systematic, rigorous and serious manner, and with adequate human and
financial resources, the necessary actions for the exhumation and the identification of the human
remains located in the “Misteriosa” or “Vallarón” mine, a site that must be protected for their
preservation. To this end, the State must use all necessary technical and scientific means available,
taking into account the relevant national and international standards on the matter, 344 and must
endeavor to conclude all the necessary exhumations within one year of notification of this
judgment. For the purposes of these procedures, the State must establish a communication
strategy with the next of kin to agree on a framework for coordinated action to ensure their
participation, knowledge and presence.
297. Should the mortal remains be found, they must be delivered to the next of kin, after
genetic verification of blood relationship, as soon as possible and at no cost. In addition, the
State must cover funeral expenses, if applicable, by mutual agreement with the next of kin.345
As for the possibilities of identifying the human skeletal remains being limited (supra para. 293),
the Court recalls that international standards require that the remains be handed over when the
victim is clearly identified, that is, once a positive identification has been obtained. 346 On this
point, the Minnesota Protocol of 1991 states that “the body must be identified by reliable
Cf. Case of Neira Alegría et al. v. Peru. Reparations and costs. Judgment of September 19, 1996. Series C No. 29, para.
69, and Case of Rochac Hernández et al. v. El Salvador, supra, para. 196.
340
Cf. Case of Ticona Estrada et al. v. Bolivia, supra, para. 155, and Case of Rochac Hernández et al. v. El Salvador, supra,
para. 196.
341
Cf. Case of the Dos Erres Massacre v. Guatemala, para. 245, and Case of Osorio Rivera and Family Members v. Peru,
supra, para. 250.
342
Cf. Case of the Dos Erres Massacre v. Guatemala, supra, para. 245, and Case of Osorio Rivera and Family Members v.
Peru, supra para. 250.
343
Cf. Case of Río Negro Massacres v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of 4
September 2012. Series C No. 250, para. 266, and Case Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, supra, para. 333.
344
As established in the United Nations Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary
and Summary Executions.
345
Cf. Case of Anzualdo Castro v. Peru, supra, para. 185, and Case of Rochac Hernández et al. v. El Salvador, supra, para.
199.
346
Cf. Case of González et al. (“Cotton Field”) v. Mexico, supra, para. 318, and Case Nadege Dorzema et al. v. Dominican
Republic. Merits, reparations and costs. Judgment of October 24, 2012. Series C No. 251, para. 116.
339