27
72(35) On July 26, 2005, the Fiscalía Especializada en Derechos Humanos (Special
Prosecutor’s Office for Human Rigths) filed an information against two soldiers of the
Peruvian Army for their alleged involvement in the events that are the subject of the
instant case.39
72(36) On August 25, 2005, the Juzgado Penal Supraprovincial Especializado en
Derechos Humanos de la Corte Superior de Justicia de Ayacucho (Supraprovincial
Criminal Court Specialized in Human Rights of the Supreme Court of Ayacucho)
ordered the commencement of criminal proceedings against the accused on charges
of “torture followed by death” and issued a writ of indictment against them, ordering
their arrest, a ban on leaving the country, and the levy of an attachment upon their
property.40
72(37) Up to the date of this judgment, only two persons have been indicted and
none has been punished for the events giving rise to this case.41
e)
Bernabé Baldeón-García’s family and the consequences they suffered as a
result of the events
72(38) At the time of his death, Mr. Baldeón-García’s nuclear family was composed
of his wife, Guadalupe Yllaconza-Ramírez de Baldeón, and his children Crispín,
Roberto, Segundina, Miguelita, Perseveranda, Vicente, Sabina and Fidela, all bearing
the last name “Baldeón-Yllaconza.”
72(39) Mr. Crispín Baldeón-Yllaconza has sought justice for the death of his father.
He is currently 55 years of age. He has six children and works sporadically as he has
no stable job.
72(40) Mrs. Guadalupe Yllaconza-Ramírez de Baldeón is 83 years of age and is a
housewife. Mrs. Yllaconza-Ramírez de Baldéon grieved the loss of her husband, not
only due to the loving bond they shared but also because her husband was the
breadwinner of the family. As a result, she had to move to Lima, leaving all her
property and the plot of land she owned behind. She now suffers from osteoporosis
and lives in deprived conditions.
39
Cf. information filed by the Fiscalía Especializada en Derechos Humanos, Desapariciones
Forzadas, Ejecuciones Extrajudiciales y Exhumación de Fosas Clandestinas (Special Prosecutor’s Office for
Human Rights, Forced Disappearances, Extrajudicial Executions and Exhumation of Clandestine Graves)
on July 26, 2005 (record of documents submitted by the State on October 19, 2005, Appendix A, pages
557 to 575).
40
Cf. order to commence investigation proceedings issued by the Juez Penal Supraprovincial
Especializado en Derechos Humanos de la Corte Superior de Justicia de Ayacucho (Supraprovincial
Criminal Court Specialized in Human Rights of the Supreme Court of Ayacucho) on August 25, 2005
(record of documents submitted by the State on October 19, 2005, Appendix B, pages 589 to 617); and
information issued by the Fiscalía Especializada en Derechos Humanos, Desapariciones Forzadas,
Ejecuciones Extrajudiciales, y Exhumación de Fosas Clandestinas (Special Prosecutor’s Office for Human
Rights, Forced Disappearances, Extrajudicial Executions and Exhumation of Clandestine Graves) on July
12, 2005 (record of documents submitted by the State on October 19, 2005, Appendix A, page 564).
41
Cf. case docketed as Case No. 2005-00987-0-0501-JR-PE-02 in the Segundo Juzgado Penal del
Distrito Judicial de Ayacucho (Second Criminal Court for the Judicial District of Ayacucho) submitted to the
Court by the State as evidence to facilitate adjudication of the case on March 15, 2006 (record of evidence
to facilitate adjudication of the case submitted by the State, pages 679 to 1288).