57
argue or apply a law or domestic legal provision, present or future, to fail to comply
with the decision of the Court to investigate and, if applicable, criminally punish the
responsible for the facts. For this reason and as ordered by this Tribunal since the
delivery of the Judgment in the case of Barrios Altos V. Peru, the State can no longer
apply amnesty laws, which lack legal effects, present or future (supra para. 163), or
rely on concepts such as the statute of limitations on criminal actions, res judicata
principle and the double jeopardy safeguard or resort to any other measure
designated to eliminate responsibility in order to escape from its duty to investigate
and punish the responsible224.
183. Pursuant to the case-law of this Tribunal225, during the investigation and
prosecution, the State must ensure full access and procedural capacity of the
victim's next-of-kin in all the stages of this investigation, in accordance with the
domestic law and the rules of the American Convention. In addition, the results of
the proceeding must be made known to the public, for the Peruvian society to know
the truth of the instant case, as well as its responsible226.
B.2)
Castro
Determination of the whereabouts of Kenneth Ney Anzualdo
184. The Inter-American Commission requested the Court to order the State to
“avail itself of all means necessary to investigate, identify and disclose the
whereabouts of Mr. Kenneth Ney Anzualdo, or “his remains”, in which case the
State shall deliver his remains to his next- of- kin and should this not be
possible, “provide them with corroborated and convincing information
regarding the whereabouts thereof.” The representatives requested that the State
complies with the foregoing, bearing in mind certain procedures and technical
criteria. The State did not submit specific allegations in this regard.
185. The Tribunal recalls that the whereabouts of Mr. Anzualdo Castro has still not
been established; as a consequence, the State must, as a means for redress of the
right to truth of the next-of-kin227, immediately proceed to search for and locate him
or his mortal remains, by means of a criminal investigation or another effective and
appropriate procedure (supra párr. Should the mortal remains be found, they must
be delivered to the next-of-kin, prior genetic verification of blood relationship, as
soon as possible and at no cost. Also, the State must cover the burial expenses, in
common agreement with the next-of-kin.
B.3)
Criteria to identify the persons that disappeared during the
internal conflict
224
Cf. Case of Barrios Altos V. Peru. Merits, supra note 141, para. 41 to 44; Case of Cantoral
Huamaní and García Santa Cruz V. Peru, supra note 121, para. 190; and Case of La Cantuta V. Perú,
supra note 58, para. 187.
225
Cf. Case of Caracazo V. Venezuela. Reparations and Costs. Judgment of August 29, 2002. Series
C No. 95, para. 118; Case of Kawas Fernández V. Honduras, supra note 14, para. 194; Case of Valle
Jaramillo et al. V. Colombia, supra note 145 para. 233.
226
Cf. Case of the Caracazo V. Venezuela. Reparations and Costs. Supra note 225, para. 118; Case
of Kawas Fernández V. Honduras, supra note 14, para. 194; Case of Valle Jaramillo et al. V. Colombia,
supra note 145 para. 233.
227
Cf. Case of the Caracazo V. Venezuela. Reparations and Costs. Supra note 225, para. 122 and
123; Case of Ticona Estrada V. Bolivia; supra note 63, para. 84; and Case of La Cantuta V. Peru, supra
note 58, paras. 231 and 232.
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