16.
On this specific point, the Court emphasizes the importance of compliance with this
measure, since it involves the moral satisfaction of victims and allows the next-of-kin to
bring closure to the grieving process they have endured for years. 14 In view of the
foregoing, since the State has not reported specific progress in this respect, the Court asks
the State to report on the specific actions it has carried out in relation to the search and
identification of Kenneth Ney Anzualdo Castro or, where appropriate, his remains, for which
it must provide a work schedule on the implementation of the measures to that effect.
C. Obligation to continue making all the necessary efforts and adopt the
administrative and legal measures and public policies that may correspond,
to determine and identify the people who disappeared during the internal
conflict according to the most effective technical and scientific means and,
as long as it is possible and scientifically advisable (operative paragraph
seven)
17.
By way of a brief dated May 29, 2013, the State indicated that on November 1,
2012, the Ministry of Justice and Human Rights authorized the transfer of one million, one
hundred thousand nuevos soles (amount that adds up to the approximate sum of three
hundred (f. 3 TA) thousand dollars of the United States of America) in favor of the Public
Prosecutor’s Office, “for the purchase of chemical reagents and supplies required for the
identification of 1,500 human remains of victims of the violence that took place in the period
between May 1980 to November 2000.” In addition, during the private hearing on
monitoring of compliance, the State indicated that "[a]s a result of the joint work between
[different] Criminal Prosecutor’s Offices [ ... ] and the Specialized Rulings Team, major
advances were made in the recovery, identification, and delivery of bodies of the victims of
forced disappearances and extrajudicial executions, [and] as [ ... ] [the State] reported to
the United Nation’s Human Rights Council, in the period between April 2002 to April 2012 ,
a total of 2109 individual remains were [recovered, ] of which 1074 [were] identified and
returned to their families.”
18.
By way of a brief dated August 8, 2013, the representatives stated that "[i]n
particular, the Court [had] order[ed] the standardization of investigation criteria and the
creation of a genetic data system that would allow for the determination and elucidation of
blood relationship of the victims, as well as their identification,” but nevertheless the State
did not present any information in this regard.
19.
In its judgment, the Court highlighted the opinion of expert Baraybar, who
determined that the State did not have a public policy that would allow determinations to be
made regarding those disappearances that occurred between 1980 and 2000, and he
considered that there were serious methodological shortcomings, among which he
highlighted the absence of efforts to define the scope of people who they were searching
for. In addition, the Court found that there was no agreement regarding the number of
disappearances that took place during the internal conflict in Peru. 15 The Court considered it
appropriate for the State to establish, among other measures to adopt, a system of genetic
information that allows for the determination and elucidation of the blood relationship of the
14
Cf. Case of the Dos Erres Massacre V. Guatemala. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 24, 2009. Series C No. 211, para. 245, and Case of Gómez Palomino. Order of Monitoring
of Compliance of February 13, 2013, supra, Considering clause thirteen.
15
Case of Anzualdo Castro, supra, para. 188.
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