Edith Laritza Osorio Gaytán, Neida Rocío Osorio Gaitán, 373 Vannesa Judith Osorio Gaitán 374 and Jersy Jeremías Osorio Gaitán, 375 and, as victims of the violations declared in this Judgment, they will be considered beneficiaries of the reparations ordered by the Court. B. Obligation to investigate the facts and to identify, prosecute and punish those responsible, as appropriate, and also to determine the whereabouts of the victim 1. Investigation, identification, prosecution and punishment, as appropriate, of all those responsible 240. The Commission asked that the domestic proceedings for the human rights violations declared in its Merits report be pursued, as well as the criminal proceedings for the offense of enforced disappearance with regard to Jeremías Osorio Rivera, in an impartial and effective manner and within a reasonable time, in order to clarify the facts fully, identify all those responsible, and impose the corresponding penalties. 241. The representatives asked the Court to order Peru to conduct, within a reasonable time, a complete, impartial and effective investigation in order to identify, prosecute and punish all the masterminds and perpetrators, their accomplices and accessories, of the violations of the victims’ human rights with sentences proportionate to the severity of the acts committed against Jeremías Osorio Rivera. In their final written arguments, the representatives asked the Court to require the State to “order the corresponding institutions to collaborate by providing real, specific and adequate information on the identification, functions, positions, personnel records, and all relevant documentation that leads to the real identification of each and every one of those responsible, without alleging that it does not have this owing to the time that has passed.” They added that they considered it desirable that the Court rule on the specific obligation of the States Parties to the Convention to investigate and to punish crimes against humanity, and especially enforced disappearance. They indicated that the results of the investigations should be publicized widely. They also asked the Court to order the State of Peru to abstain from using procedural obstacles such as the statute of limitations, res judicata, or any other mechanism aimed at excluding the responsibility of those who may have taken part in the facts. In particular, they asserted that the State must overcome the obstacle of res judicata, “because due diligence has been violated in this case which has resulted in the impunity of the acts, and this has constituted a fraudulent proceeding, so that a supposed violation of the right of ne bis in idem cannot be alleged.” 242. The State indicated that the judgment handed down on April 17, 2013, constituted res judicata with regard to the person prosecuted in the domestic courts; that, in the instant case, the Public Prosecution Service and the representatives considered that he was the direct perpetrator of 373 Cf. Birth certificate (re-registration D.L No. 26242) issued by the Gorgor district municipality (evidence file, volume IV, annex 21 to the submission of the case, folio 1681), and National identity care (evidence file, volume VIII, annex 44 to the brief with motions, arguments and evidence, folio 4412). She also appears as “Neyda Rocío Osorio Gaitán.” Cf. Birth certificate issued by the provincial municipality of Oyón on January 5, 1986 (evidence file, volume IV, annex 21 to the submission of the case, folio 1677). 374 Cf. Birth certificate (re-registration D.L No. 26242) issued by the Gorgor district municipality (evidence file, volume IV, annex 21 to the submission of the case, folio 1682), and She also appears as “Vanezza Yudit Osorio Gaitán.” Cf. Birth certificate issued by the provincial municipality of Oyón on May 12, 1989 (evidence file, volume IV, annex 21 to the submission of the case, folio 1678). 375 Cf. Birth certificate (re-registration D.L No. 26242) issued by the Gorgor district municipality (evidence file, volume IV, annex 21 to the submission of the case, folio 1680), and National identity care (evidence file, volume VIII, annex 44 to the brief with motions, arguments and evidence, folio 4414). He also appears as “Jeremías Salas Osorio Gaitán.” Cf. Birth certificate issued by the provincial municipality of Oyón on January 30, 1991 (evidence file, volume IV, annex 21 to the submission of the case, folio 1679). 85