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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