Gunther Cuaresma Ramos was on duty at the time as the reports and assistance officer, but that he did not prepare any documents, and that the documents were prepared on the following day at the order of his superior, when the present events under investigation were already known […]; this leads one to presume that he only did so for the purpose of covering up his participation or responsibility in the present case.89 118. In the fourth place, on this point, it is also relevant to point out by way of additional complicity, evidence of various types of pressure or threats arising from certain statements. These include the statement by Mr. Sierra Tueros of having been pressured and later retracting his statement, the declaration by Mr. Donayres that he was afraid to give testimony to the Office of the People’s Defender, and the statement of Mrs. Ponce that she had been told to testify that she had seen Walter Munárriz Escobar. 119. By virtue of the foregoing, the Commission considers that it is a proven fact that the State authorities denied that Walter Munárriz Escobar continued to be held in custody and that they refrained from providing information as to his fate or whereabouts. 2.3 Conclusion on the existence of forced disappearance 120. On the grounds of the foregoing, the Commission concludes that the State has not offered a satisfactory explanation of what happened to Walter Munárriz Escobar, who was last seen alive when he was at the Lircay police station, and therefore its responsibility has not been refuted. The Commission concludes that Walter Munárriz Escobar was forcefully disappeared since, according to the analysis, the elements comprising said serious human rights violation were present. Hence the Commission concludes that the Peruvian State violated, and continues to violate, the right to recognition as a person before the law, and the rights to life, humane treatment, and personal liberty, as established in Articles 3.1, 4.1, 5.1, and 7.1, 7.2, 7.3, 7.4 and 7.5 of the American Convention, to the detriment of Walter Munárriz Escobar, all of which are considered in conjunction with the obligations established in Article 1.1 of that instrument. The Commission further concludes that the State violated Article1.a) of the Inter-American Convention on the Forced Disappearance of Persons90 and Articles 1 and 6 of the Inter-American Convention to Prevent and Punish Torture. B. Right to a fair trial and to judicial protection (Articles 8.1 and 25.1 of the American Convention), considered in relation to the obligation to respect human rights (Article 1.1 of that instrument) and the obligation to adopt provisions within their legal jurisdiction, Article 1.b of the Inter-American Convention on the Forced Disappearance of Persons, and Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture 121. The Articles of the American Convention referred to in the heading above state as follows: Article 8.1 Right to a Fair Trial Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. Article 25.1. Judicial Protection 89 Annex 39. Addendum of the charges presented by the Angaraes-Lircay Joint Provincial Prosecutor’s Office to the Angaraes Joint Court on June 22, 1999. Annex to the State’s memorandum No. 7-5-M/066 of February 9, 2006. 90 With regard to the Inter-American Convention on the Forced Disappearance of Persons, the Commission notes that the Peruvian State deposited its instrument of ratification on February 13, 2002. Therefore, in view of the aforesaid characteristics of the crime of forced disappearance of persons, the State is responsible for violation of the rights established in that Convention, as of the date of ratification of that treaty and with regard to those cases of forced disappearance that still persist in time. 24

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