56 178. In that regard, the State indicated that "it is and the due process and the guarantees of access to is to individualize the person or persons who were disappearance of Kenneth Ney Anzualdo Castro.” In existence of a criminal proceeding that is pending. respectful of the human rights justice [...] [therefore] its goal the perpetrators of the forced order to do so, it recalled the 179. The State is under a duty to use all means available to fight the situation of impunity surrounding the instant case, as impunity fosters the chronic repetition of human rights violations and the total defenselessness of the victims and their next of kin, who are entitled to learn about truth of the facts.219 Therefore, the acknowledgment and the exercise of this right to know the truth, in a specific situation, becomes a relevant means for redress (supra para. 118).220 180. As with other cases,221 the Court views as a significant first step towards reparation the publication of Peru’s Truth and Reconciliation Commission Final Report, which includes the case of Mr. Anzualdo Castro, as effort that has contributed to the search for and determination of the truth in a historical period of Peru. Without detriment to the foregoing, the Court considers it is appropriate to establish that the recognition of “historical truths” contained in that report should not be understood as a substitute to the obligation of the State to establish the truth and ensure the judicial determination of individual and state responsibilities through the corresponding jurisdictional means222. This is how the State understood it when it kept open the investigations after the report was issued. 181. Based on the foregoing, as well as the case- law of this Tribunal223, the Court orders the State to effectively carry out the criminal proceedings that are in process and any future proceedings in relation to the forced disappearance of Kenney Ney Anzualdo Castro, in order to determine the corresponding responsibilities of the perpetrators and instigators for the facts of the case and to apply the appropriate legal provisions. The State must conduct and conclude the corresponding investigations and proceedings within a reasonable time, in order to establish the whole truth of the facts, in light of the criteria mentioned regarding the investigations in cases of forced disappearance (supra para. 135). 182. The Court recalls that, in compliance with this obligation, the State must remove all obstacles, both factual and legal, that hinder the effective investigation into the facts and the development of the corresponding legal proceedings, and use all available means to expedite such investigations and proceedings, in order to ensure the non-repetition of facts such as these. Specially, this is a case of forced disappearance that occurred within a context of a systematic practice or pattern of disappearances perpetrated by state agents; therefore, the State shall not be able to 219 Cf. Velásquez Rodríguez V. Honduras. Merits, supra note 11, para. 174; Case of Kawas Fernández V. Honduras, supra note 14, para. 190; and Case of Heliodoro Portugal V. Panamá, supra note 58, para. 244. 220 Cf. Velásquez Rodríguez V. Honduras. Merits, supra note 11, para. 181; Case of Kawas Fernández V. Honduras, supra note 14, para. 190; Case of Tiu Tojín V. Guatemala., supra note 59, para . 103. 221 Cf. Case of La Cantuta V. Peru, supra note 58, para. 223 and 224. 222 Cf. Case of Zambrano Vélez et al. V. Ecuador, supra note 38, para. 128; Case of Almonacid Arellano et al. V. Chile, supra note 9, para. 150. 223 Cf. Case of Baldeón García V. Perú. Merits, Reparations and Costs. Judgment of April 6, 2006; Series C No. 147, para. 199; Case of Kawas Fernández V. Honduras, supra note 14, para. 191; Case of Perozo et al. V. Venezuela, supra note 6, para. 414.

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