46
142. The Tribunal notes that as of the year 2002, the authorities opened a new
investigation into the facts, at the request of the father of Mr. Anzualdo, who together
with the father of another disappeared person, lodged a petition to reopen the
investigation with the Office of the Special Provincial Prosecutor on Forced
Disappearances, Extrajudicial Executions, and Clandestine Graves182. It fell upon the
State to verify the reasons why it has not been possible to determine, up to the
present, the fate of Mr. Anzualdo Castro, to locate his whereabouts, or to determine
the corresponding criminal responsibility of the perpetrators, which the State did not
do. Hence, it does not spring from the facts the reasons of the number and frequency
of the changes made as to the authority in charge of the investigations: It spring
from the evidence that said Office of the Special Provincial Prosecutor on Forced
Disappearances, Extrajudicial Executions and Clandestine Graves became the Office
of the Fifth Supra-Provincial Prosecutor183, which was, in turn, deactivated and the
duties of the parties to a suit redistributed, and therefore, the Office of the Third
Supra-Provincial Criminal Prosecutor took over the investigation, under case
file No. 04-2007184.
143. In this sense, the Tribunal agrees with the representatives in that it is not
clear that the changes of prosecutor’s offices assigned to the investigation or the
number of case -files opened, at the same time, by the different prosecutor’s offices,
favored the development and effectiveness of the investigation. On the contrary, its
progress was hindered by the existence of segmented parallel inquiries regarding the
alleged responsible and in which the authorities are investigating, also, different
complex facts.
144. For example, on November 10, 2006 the Office of the Fifth SupraProvincial Criminal Prosecutor decided to close the preliminary investigation
against former President Fujimori Fujimori185. Nevertheless, after the filing of a
motion for reconsideration186 before the Superior Court, the Office of the Second
Special Criminal Prosecutor for Organized Crime decided to vacate the appeal
182
Cf. Motion to reopen investigations into the abduction and forced disappearance filed by Félix
Vicente Anzualdo Vicuña and Javier Roca Obregón before the Office of the Special Prosecutor on Forced
Disappearances, Extrajudicial Executions and Clandestine Graves, of October 10, 2002 (record of evidence,
volume V, appendix 14 to the Application, page 1767).
183
Cf. Order issued by the Office of the Special Human Rights Prosecutor of May 7, 2008 (record of
evidence, volume VIII, appendix 18 to the brief of pleadings and motions, pages 3011-3013).
184
Cf. Order issued by the Office of the Special Human Rights Prosecutor of May 7, 2008 (record of
evidence, volume VIII, appendix 18 to the brief of pleadings and motions, pages 3011-3013).
185
On November 10, 2006 the Office of the Fifth Supra-Provincial Criminal Prosecutor noted that the
Special Criminal Chamber of the Supreme Court reported that there was a proceeding under way in that
venue against Alberto Fujimori Fujimori for the crime of forced disappearance to the detriment of Kenneth
Ney Anzualdo Castro, and two other people, which resulted in undue interference in judicial functions
[Avocamiento Indebido] and, therefore, it decided “to close the investigation until the proceeding before
the Court concludes or until the latter adopts an appropriate decision with respect to the alleged
participation of other persons.” Cf. Decision issued by the Office of the Fifth Supra-Provincial Criminal
Prosecutor in the case file Nº 50-2002 of November 10, 2006 (record of evidence, volume V, Appendix 17
to the application, pages 1784-1785).
186
A motion for reconsideration was immediately filed with the Superior Court against such decision
of November 10, 2006 in which it was mentioned that the proceedings against the former President did
not involve other alleged participates; and therefore both proceedings could be conducted. Cf. motion for
reconsideration filed before the Office of the Fifth Supra-Provincial Criminal Prosecutor on November 28,
2006 (record of evidence, volume V, Appendix 18 to the application, pages 1787-1789).
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