as to ensure that the information and documentation of police investigations on serious
human rights violations is kept for a long time and allows for investigations to be carried out
and the information to be consulted. Peru did not provide information about the current
regulations regarding the conservation of information and documentation. Therefore, the
Court considers that this measure is pending compliance and requires the State to submit
more information.
C. Deliver the remains of the victim Mario Francisco Aguilar Vega to her family
members and ensure that all deceased inmates be identified (Operative
paragraphs 10 and 11 of the Judgment)
C.1) Measures ordered by the Court
31.
In operative paragraph 10 and in paragraph 443 of the Judgment, the Court found
that the State “must carry out all the actions necessary and adequate to effectively
guarantee the delivery [of the remains of victims Mario Francisco Aguilar Vega and his family
members], within a 6-month period, thus allowing them to bury the remains however they
considered it appropriate.” 38 Similarly, it ordered the State to cover all the expenses
generated from the delivery of the victim’s body to their next of kin, as well as the burial
expenses that may be incurred.
32.
In addition, given that there were doubts about whether Peru met its obligation to
identify all deceased inmates and the delivery of their remains to their next of kin, 39 the
Court decided in operative paragraph 11 and paragraph 444 of the Judgment, that Peru
“must adopt all the measures necessary to ensure that all the inmates that died as a result
of the attack be identified and their remains be handed over to their next of kin, pursuant to
domestic legislation.” The Court ruled that, “[i]f other deceased inmates were to be
identified, their next of kin may make the corresponding claims within domestic legislation.”
C.2) Information and observations of the Parties and of the Inter-American
Commission
33.
In connection with the delivery of the remains of the victim Mario Francisco Aguilar
Vega to his next of kin, the State indicated that in the case file “of the preliminary
investigation there is information related to [this victim]” which consists of an order issued
by the office of the Public Prosecutor addressed to the Second Supraprovincial Court “in
which there is a receipt of burial of the body marked with Autopsy No. 2007-1992, removed
May 16, 1992 by Mr. Ladislao Alberto Huaman Loayza” without “establishing the type of
family relationship” with the victim thereof. In this regard, it stated that Mr. Huaman Loayza
has been asked to appear, and that “the widow of [Mr. Aguilar Vega] who is a Civil Party
[...] in the criminal proceedings has not provided documentation [ ...] wherein she has
requested [...] delivery [of his] remains.” Based on this information, the Peru requested the
Court “close this issue.”
34.
Regarding the measures necessary to ensure that all inmates that died as a result of
the attack be identified and their remains returned to their families, the State indicated,
38
Mr. Mario Francisco Aguilar Vega is listed as one of the 41 deceased identified inmates and it is assumed
that the autopsy (No. 2007) concerns him. From the testimonial and documentary evidence provided, it came up
that his next of kin had not received his remains. Cf. Case of Miguel Castro Castro Prison. Merits, Reparations, and
Costs, supra note 2, paras. 251 and 443.
39
Cf. Case of Miguel Castro Castro Prison. Merits, Reparations, and Costs, supra note 2, para. 251.
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