43
Public Attorneys, imposes on them the obligation to carry out their duties acting on
the basis of the regulations defined in Constitution and statute. That way, prosecutors
must watch for the law to be correctly applied and seek the truth of the facts as they
are, acting professionally, loyally and in good faith”166.
134. It is appropriate to recall that in cases of forced disappearance, it is essential
the prompt and immediate action of prosecution and judicial authorities, by the order
of timely and necessary measures addressed to determine the whereabouts of the
victim or the place where he or she could be found alive. Nevertheless, it was six
years after the disappearance, in 1999, that the Prosecutor's Office ordered the
forwarding of official letters, within the framework of further investigative measures,
to different public institutions in order to locate the whereabouts of Mr. Anzualdo167,
without obtaining any result, since the required institutions did not send any response
to the authorities charged with the investigation and there is no evidence of any
reiteration168. Later on, the Prosecutor’s Office requested that the proceedings
continue since up to that moment “it [has been] not possible to determine the
whereabouts”169.
135. In this regard, this Tribunal has established that in order to conduct an
effective and expedious investigation, the investigating body must use all the means
at its disposal to carry out all measures and investigations necessary to shed light on
the fate of the victims and identify the responsible for the forced disappearance170.
For this, the State will guarantee that the authorities in charge of the investigation
have the logistic and scientific resources necessary to collect and process evidence,
and more specifically, the power to access to the documents and information relevant
to the investigation of the facts denounced and that they be able to obtain evidence
of the locations of the victims171. Furthermore, it is fundamental that the investigating
authorities have unrestricted access to detention centers, regarding the
166
Cf. Case of Tristán Donoso V. Panamá. Preliminary Objection, Merits, Reparations and Costs.
Judgment of January 27, 2009. Series C No. 193, para. 165.
167
It was requested to the Identification and Marital Status Record Office of Lima, to forward the
registration of Kenneth Ney Anzualdo Castro together with his date and photograph in order to collect
information about a possible recent registration in some part of the country; it was requested to the Callao
Harbormaster’s Office information regarding the discovery of a corpse in the Peruvian coast; it was
requested to the Bureau of Immigration and Naturalization information of any possible migratory
movement of Kenneth Ney Anzualdo Castro; it was requested to the Directorate of State Security of PNP
[National Police of Peru] and to the National Antiterrorism Bureau of PNP information regarding the
possible detention of Kenneth Ney Anzualdo Castro. There was no response whatsoever. Cf. Report N.
337-DPMP-DIVPOLJUD-JPPC of September 14, 1999 (record of evidence, volume V, appendix 11 to the
application, pages 1755-1756).
168
See Report N. 337-DPMP-DIVPOLJUD-JPPC of September 14, 1999 (record of evidence, volume
V, appendix 11 to the application, pages 1755-1756).
169
Order of the Office of the Fifth Provincial Prosecutor for Criminal Matters of Callao, of September
15, 1999 (record of evidence, volume V, appendix 11 to the application, page 1759).
170
Cf. Case of Velásquez Rodríguez V. Honduras. Merits, supra note 11, para. 174; Case of Tiu Tojín
V. Guatemala., supra note 59, para . 77; Case of Heliodoro Portugal V. Panama, supra note 58; para.
144; Case of García Prieto et al. V. El Salvador. Preliminary Objection, Merits, Reparations and Costs.
Judgment of November 20, 2007. Series C No. 168, para. 101; Case of the Serrano Cruz Sisters V. El
Salvador. Merits, Reparations and Costs; supra note 90, para. 83. See also, Article X of the InterAmerican Convention on Forced Disappearance of Persons and Article 12 of the International Convention
on the Protection of All People from Enforced Disappearance.
171
Case of Tiu Tojín V. Guatemala., supra note 59, para . 77. See also, Article X of the InterAmerican Convention on Forced Disappearance of Persons and Article 12 of the International Convention
on the Protection of All People from Enforced Disappearance.
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