25
d)
Investigations into the death of Mr. Bernabé Baldeón-García
72(23) On September 26, 1990, the record of the post-mortem examination of Mr.
Bernabé Baldeón-García’s body was drawn up in the presence of the Justice of the
Peace and two medical expert witnesses. The post-mortem examination record
includes a description of the clothes and the “race” of the victim. The description of
the body indicates that the skull “shows no signs of trauma” and there is a “simple
haematoma” on the face, which was considered to have been probably caused after
death, during the transportation of the dead body. Said record indicated that “no
signs [sic]” were found on the back, the back of the lower extremities, buttocks,
upper extremities, anterior part of the trunk, abdomen and genitalia. On the right
waist area, the record indicated that there was “abrasion of the superficial
epidermis.” Furthermore, the document described the anterior aspect of the lower
extremities as “normal”. As a conclusion, the report states that the probable cause of
death was “CARDIAC ARREST”.30
72(24) No medico-legal autopsy was performed on Mr. Bernabé Baldeón-García’s
body.31
72(25) On November 15, 1990, Crispín and Vicente Baldeón-Yllaconza, sons of the
victim, filed a complaint with a Senate Investigating Committee.
72(26) On February 20, 1991, Crispín Baldeón-Yllaconza and APRODEH (Human
Rights Organization) filed a complaint with the Fiscalía de la Nación (General
Prosecutor´s Office of Peru).
72(27) On October 1, 1993, Bernabé Baldeón-García’s next of kin filed a complaint
with the Comisión de Derechos Humanos y Pacificación del Congreso (Congress
Human Rights and Pacification Committee).
72(28) None of the aforementioned complaints were adequately processed.32
72(29) On July 21, 2000, Mr. Crispín Baldeón filed an additional complaint with the
Fiscalía Provincial de Vilcashuamán (Vilcashuamán Province General Attorney’s
Office).
72(30) On December 26, 2001, the Fiscalía Provincial de Vilcashuamán
(Vilcashuamán Province General Attorney’s Office) issued Resolution No. 030-2001,
ordering the temporary suspension of the investigation for failure to obtain
(Special Prosecutor’s Office for Human Rights, Forced Disappearances, Extrajudicial Executions and
Exhumation of Clandestine Graves) on September 3, 2004 (record of Appendixes to the complaint,
Appendix 30, page 114).
30
Cf. record of the post-mortem examination of Bernabé Baldeón-García, dated September 26,
1990 (record of Appendixes to the complaint, Appendix 27, page 109); and expert witness report issued
by María Dolores Morcillo-Méndez on January 3, 2006 (record of affidavits, pages 630 to 641).
31
Cf. expert witness report issued by María Dolores Morcillo-Méndez on January 3, 2006 (record of
affidavits, page 635).
32
Peru failed to submit evidence to facilitate adjudication of the case, as requested by the Court on
February 21, 2006) (supra para. 33 and 34).