25
70.
Considering that on December 16, 1993 Mr. Anzualdo did not return home, his
next-of-kin took several actions and steps to try to locate him and find out his
whereabouts, before different people and public instances.83 Between December 1993
and July 1994, they sent several letters to public authorities and universities as well
as to communication media;84 they also took other investigative steps to try to find
out his whereabouts.85
71.
Among the actions taken, on February 8, 1994, Mr. Felix Anzualdo Vicuña filed
for a writ of habeas corpus against the General of the Joint Chief of Staff of
the Army and the Commander-in-Chief of the Navy before the Sixth Criminal
Court in and for Lima, in order to identify the place where his son was held in
custody since December 16, 1993.86 Three days later, the Sixth Criminal Court in
and for Lima declared the inadmissibility of the writ of habeas corpus, based on that
"it [was] not possible to determine evidence that directly point to the defendants as
responsible” for the disappearance. Likewise, on application of Article 6(c) of Habeas
Corpus and Amparo Act 23.506 of December 8, 1982, and given the fact that the
criminal complaint previously filed by the plaintiff with the Fifth Criminal State's
Attorney Office of Callao was pending resolution, the court established that “actions
for protection shall not be admissible when the injured party opts to institute
proceedings in the general jurisdiction.”87 On February 22, 1994, Mr. Anzualdo
Vicuña filed a motion to appeal against such decision.88 On the next day, the appeal
was rejected on the grounds that the allowed time period had expired.89
83
Particularly, they talked to the fellow students of Mr. Anzualdo who have seen him for
the last time; they talked to the driver of the bus that he boarded on the night of December 16,
1993, after having gone to the terminal of the number 19 bus line and asked for a list of the
vehicles that left between 8 and 9 p.m. at night; they pursued inquiries with various government
institutions, including hospitals, morgues, the National Police, DINCOTE [National Office Against
Terrorism]; they went to the Office of the Harbor master of Callao, where they were advised to
report the incident to the human rights Institutions and gave them the address of APRODEH; and
they spoke to members of the Association for Human Rights (APRODEH) and the family of Martín
Javier Roca Casas. At that moment, the family learned that Mr. Anzualdo had been in the office of
APRODEH to render a statement about the disappearance of Martin Javier Roca Casas. See Testimony of
June 22, 2002 rendered by Mr. Felix Vicente Anzualdo Vicuña before the Truth and Reconciliation
Commission (record of evidence, volume VIII, appendix 11 to the brief of pleadings and motions, page
2758); statement rendered by Mr. Felix Vicente Anzualdo Vicuña at the public hearing held before the
Inter-American Court on April 2, 2009; statement rendered by Marly Arleny Anzualdo Castro at the public
hearing held before the Inter-American Court on April 2, 2009 and Statement of Rubén Dario Trujillo Mejía
of January 24, 1994, rendered before the Office of the Fifth Prosecutor for Criminal Matters of Callao
(record of evidence, volume V, appendix 11 to the application, pages 1740 to 1742).
84
The next-of-kin of Kenneth Ney Anzualdo Castro sent letters to the President of the Universidad
Nacional del Callao; to the Special State’s Attorney Office of Public Defense and Human Rights; to the
President of the Human Rights Commission of the Congress; the President of the Universidad Nacional del
Callao; the Director of "Cora" radio and the Director of Canal 9 [Channel 9]; to the then President of the
Republic, Alberto Fujimori; the President of the Constituent Congress; the President of the Peace Council
and the Coordinator of the National Registry of Detainees. Cf. complaint for the abduction and
disappearance of Kenneth Ney Anzualdo Castro filed with the Special State’s Attorney Office of Public
Defense and Human Rights, January 5, 1994 (record of evidence, volume V, appendix 25 to the
Application pages 1813 to 1814); and letters sent by Mr. Anzualdo Vicuña (record of evidence, volume
VIII, appendix 9 to the Brief of Pleadings and Motions, pages 2725 to 2735).
85
Cf. statement rendered by Félix Vicente Anzualdo Vicuña before the public hearing held before
the Inter-American Court on April 2, 2009 and testimony rendered by Félix Vicente Anzualdo Vicuña
before the CVR on June 22, 2002 (record of evidence, volume VIII, appendix 11 to the brief of pleadings
and motions, page 2758).
86
Cf. writ of habeas corpus filed by Félix Vicente Anzualdo Vicuña on February 8, 1994 (record of
evidence, volume V, appendix 7 to the application, pages 1707-1708).
87
Cf. Decision delivered by the Sixth Criminal Court in and for Lima in the court file Nº 02-94, of
February 11, 1994 (record of evidence, volume V, appendix 7 to the application, pages 1711 to 1713).
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