of the chamber, the proceeding on the forced disappearance of Kenneth Ney Anzualdo underwent an additional delay of almost a year.” 11. The Commission noted that, in the private hearing, the investigations were still at an initial stage, and it agreed with the State that the obstacles in the proceeding were related to the "faults within the hearing and the change of the judges and prosecutors,” to which it asked the Court to request the State to provide specific information so that such delays would not occur in the future. 12. The Court recalls that the Judgment highlighted the State’s obligation to fight the situation of impunity with all available legal means, as impunity fosters the chronic repetition of human rights violations and the total defenselessness of the victims, who are entitled to learn about truth of the facts. 10 Based on the aforementioned, this Court takes into account the actions carried out by the State and values the efforts that were made, aimed at carrying out the criminal proceedings in order to find and punish those responsible for the forced disappearance of Mr. Anzualdo Castro; nevertheless, it is indispensable that in its next brief, it report on the specific advancements made in the investigations, as well as the actions it has taken to identify the indirect perpetrators of the crime. B. Obligation to immediately proceed to search for and locate Kenneth Ney Anzualdo Castro or, if applicable, his mortal remains, by means of the criminal investigation or any other adequate and effective procedure (operative paragraph six) 13. By way of a brief dated July 5, 2013, the State specified that it was “awaiting the receipt of information from the Public Prosecutor’s Office on the measures that [have been] carried out in order to determine the whereabouts of Mr. Anzualdo Castro’s mortal remains.” 14. The representatives noted during the private hearing on monitoring of compliance that "Kenneth Ney Anzualdo’s family’s main desire is to obtain justice and locate the remains of the victim, regarding which they have not heard any specific information in relation to this case.” Similarly, by way of a brief dated August 8, 2013, they reported that "more than 3 years have passed since the judgment was issued, and the State has not report[ed] on the performance of a single procedure aimed at fulfilling this measure,” to which they recalled that "the location of the remains and their delivery to the next-of-kin is essential in cases of forced disappearance in order to repair the damage that was caused.” 15. The Court recalls that in its Judgment, it noted that “the domestic criminal proceedings ha[d] not provided effective recourses to determine the fate or whereabouts of the victim, or to guarantee the right to access justice and know the truth, by means of the investigation and possible punishment of those responsible and the full reparation of the consequences that resulted from the violations.” 11 In this sense, it stated that “the State must conduct and conclude the corresponding investigations and proceedings within a reasonable time, in order to establish the whole truth of the facts, in light of the criteria mentioned regarding the investigations in cases of forced disappearance,” 12 as well as “immediately proceed to search for and locate [Mr. Anzualdo Castro] or his mortal remains, by means of a criminal investigation or another effective and appropriate procedure.” 13 10 Case of Anzualdo Castro V. Perú. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 22, 2009. Series C No. 202, para. 179. 11 Case of Anzualdo Castro, supra, para. 168. 12 Case of Anzualdo Castro, supra, para. 181. 13 Case of Anzualdo Castro, supra, para. 185. 5

Seleccionar párrafo de destino3