evaluate the status of compliance with the measure of reparation ordered in the eighth
operative paragraph of the Judgment.
a)
Obligation to take, with due diligence, the measures required to
locate the mortal remains of Santiago Gómez Palomino and to return them
to his next of kin, and to provide the necessary conditions to transfer and
bury the remains in a place of their choice (eighth operative paragraph
octavo of the Judgment)
6.
The State advised that the remains of Santiago Fortunato Gómez Palomino had been
found on the “La Chira beach in Chorrillos, Lima, Peru, during a procedure conducted by the
Office of the Second Special Superior Prosecutor for Crimes involving the Corruption of
Officials in the context of the effective collaboration process related to Case File No. 812007 in the proceedings against Vladimiro Montesinos Torres and others for crimes against
humanity (forced disappearance and others), to the detriment of Santiago Fortunato Gómez
Palomino. It also indicated that the said Prosecutor’s Office had scheduled the return of the
victim’s remains to his next of kin for June 11, 2012, at 9 a.m., and that it had provided the
family with all the facilities required to transfer and bury the remains of Mr. Gómez
Palomino in the burial place of their choice. In addition, it explained that, based on the
budget presented by the legal representatives of the next of kin, the financial expenses
resulting from the burial totaled 4,262.56 new soles. According to the State, this amount
corresponded to the following items: (a) contract covering all the costs of the construction
of a permanent burial niche: 2,000.00 new soles; (b) funeral home: 1,850.00 new soles;
and (c) adult burial and municipal charges: 412.56 new soles. In this regard, the State
advised that it had assumed all the costs, attached the respective vouchers, and asked the
Court to find that this aspect of the Judgment had been completed.
7.
Prior to the submission of the representatives’ observations, the Commission
“observe[d] with satisfaction that, more than 20 years after the forced disappearance of
Santiago Gómez Palomino, his whereabouts had finally been determined and his remains
returned to his family, which was a fundamental aspect for all his next of kin.” Similarly, it
noted that “the victim’s whereabouts had been determined in the context of a procedure
carried out during the domestic proceedings to investigate the facts, and that the place
where they were found had been indicated on previous occasions.” Consequently, it asked
the Court to request the State to provide detailed information on the measures that led to
the discovery of the remains and their identification, as well as on how this discovery would
assist the domestic investigations. Lastly, it indicated that the payment of a sum of money
to the next of kin for the funeral costs was pending and asked the Court to keep the
proceeding of monitoring compliance with this aspect of the Judgment open “until […] the
total amount of the disbursements that the victim’s next of kin have had to make has been
reimbursed.”
8.
The representatives confirmed that the remains of Santiago Fortunato Gómez
Palomino had been located and exhumed by the Office of the Second Special Superior
Prosecutor for Crimes involving the Corruption of Officials and returned to the next of kin on
June 11, 2012. They indicated that the remains were identified when the family members
recognized the clothes that the victim was wearing at the time of his detention, as well as
by a malformation of the bone of one of his legs. However, although DNA testing had also
been ordered, the results of this were not yet know. Nevertheless, the representatives
considered that the identification made by traditional methods, together with the
recognition of the clothes, “is valid and a sufficient reason for accepting the return of the
remains ordered by the Prosecutor’s Office.” Lastly, they confirmed that “the expenditure
arising from the funeral and burial of the victim’s remains […] had been paid by the State,
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