28
extended to certain public universities. In 1993, the year in which the facts of the
instant case occurred, many students of several universities were made
disappeared.97
81.
As a result, the deprivation of liberty was of a nature blatantly contrary to the
typical definition of rule of law in a democratic society, in violation of the right to
personal liberty of Mr. Anzualdo Castro.
82.
As to what happened to Mr. Anzualdo after his detention in the basement of
SIE, the indicia and evidence furnished do not allow to determine his fate or
whereabouts. The fact that “detainee 5C”- presumably, Mr. Anzualdo- did no longer
appear in the logbooks of the SIE as of December 30, 1993 (supra paras. 43 and 50)
may have different explanations, including the possibility that he was transferred to
another place. Nevertheless, the truth is that his whereabouts remains unknown;
therefore the appropriate legal discussion for his situation is that of forced
disappearance of persons.
83.
With regard to the methods used to destroy evidence of the crimes committed
during the forced disappearance, the Truth and Reconciliation Commission noted that
the methods included, but were not limited to, mutilation or incineration of the
victims ‘remains. Such practice was characterized by the use of clandestine detention
centers, for example, those set up in the premises of the Army’s Intelligence Service,
widely known as the basements of the SIE, where disappeared people were
interrogated and, probably, murdered. It was verified that incinerators were
installed in such basements in order to eliminate the material evidence of the
disappeared people who were executed and ensure, in this way, impunity; a
practice that was observed in other state premises of the country.98 The existence
of the basements at the SIE and the incinerators was confirmed in the book “Muerte
en el Pentagonito”99 and the expert witness, Mr. Baraybar, described before the Court
his visit to the basements of the SIE and the existence of two incinerators, as well as
the findings of human remains inside them.100
84.
Likewise, the Ad Hoc State Attorney’s Office made reference to the pattern
mentioned by indicating that: “[the] people would have been tortured in order to
obtain information from them about the subversive organization, and their
whereabouts remain unknown up to the present, which allows to establish that they
were eliminated by agents of SIE and their remains incinerated, according to
witnesses sealed with secret codes" and that "Anzualdo [...] was alive little time in
the Pentagonito.”101
97
Cf. Final Report of the CVR, 2003, volume V, chapter 2, Stories that represent violence, page
690, available at http://www.cverdad.org.pe/ifinal/index.php
98
Cf. Final Report of the CVR, 2003, volume VI, chapter 1.2 Forced Disappearance of people by
state agents, pages 71, 72 and 114, available at http://www.cverdad.org.pe/ifinal/index.php, and report
of the Investigating Subcommittee in charge of the investigation of the constitutional complaint Nº 134,
pages. 27-30 (record of evidence, volume VIII, appendix 13 of the brief of pleadings and motions, pages
2806-2809).
99
2004.
“Muerte en el Pentagonito” was written by the journalist Ricardo Uceda and published in the year
100
Cf. expert opinion rendered by expert witness José Pablo Baraybar Do Carmo at the public
hearing held before the Inter-American Court on April 2, 2009.
101
Cf. amendment to request the Active Extradition of the Ad Hoc State’s Attorney Office of March
21, 2006 (record of evidence, Volume VIII, appendix 16 to the Brief of Pleadings and Motions, pages 2909
to 2910).
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