versions of persons who were walking in that area at the time. When several friends
appeared before the local police station and the Peruvian Army Base to inquire about the
situation and whereabouts of the detainees, they were turned away with indications that
there were no detainees there bearing those names (…).117
125.
The petitioners reported that the background to the detention was a raid by the Shining Path
on November 9, 1990 in the village of Juan Santos Atahualpa de Tocache, where they set fire to the house of
the mother of Néstor Rojas Medina, killing the school principal, who was his cousin. At that same time, about
100 families from the locality were forced to abandon their land and flee because of terrorist violence.
Because of food, shelter, schooling, and health needs, Néstor decided to go back to Tocache to get back what
he had lost and to withdraw some of his mother’s bank savings.118
126.
According to the petitioners, on March 8, 1991, the mother of Néstor Rojas Medina filed a
complaint for his disappearance with the Office of the Attorney General of the Nation. In June 1992, the
Prosecution Service of the Office of the Human Rights Ombudsperson reported to the next of kin that the
person responsible had been identified and that he was allegedly the Chief of Command of the General Police
of Tocache.119 Nevertheless, the petitioners indicated that, because of the application of the Amnesty Law of
June 15, 1995, it was not possible to file proceedings against this person. The state did not challenge this
information.
127.
On September 16, 2004, Ms. Marcelina Medina Negrón filed with the Provincial Prosecution
Service Specializing in Forced Disappearances a criminal complaint against the Commander also known as
“Tito,” Chief of Command of the General Police of Tocache, for the crimes of kidnapping and forced
disappearance of Néstor Rojas Medina.120
128.
On August 22, 2005, the next of kin of Néstor Rojas Medina requested the Office of the
Human Rights Ombudsperson a certificate of absence as a result of forced disappearance in the framework of
Law 28413 (law governing absence because of forced disappearance during the period 1980-2000).121
129.
The Office of the Human Rights Ombudsperson issued Verification Report No. 6790-20006OD/Lima on September 6, 2006 where it observed, as part of the background to the case, that “the
disappearance of Néstor Rojas Medina is registered in the Consolidated List of the Database of the Truth and
Reconciliation Commission included in the Publication “Peruvians who are missing: Preliminary List of
Persons Missing because of Violence (1980-2000), with registration No. 6790”.”122
130.
In its report, the Office of the Human Rights Ombudsperson referred to information
appearing in the archives of documents of the Public Prosecutor’s Office:
a)
Complaint filed by Marcelina Medina Negrón on March 8, 1991 with the Office of the
Attorney General of the Nation.
b)
Official Letter No. 645-DL-S, of March 21, 1991, from the Secretariat of the Senate to
the Office of the Attorney General of the Nation, informing that, on February 14, 1991,
Senator Hurtado Pozo contacted the Chief of Command of the General Police of Tocache, who
117 Annex 52. Complaint filed by Ms. Consuela Sejas Landa with the Prosecution Service of the province of Tocache.
Communication from the petitioners of September 23, 2011.
118
Annex 51. Communication from the petitioners of September 23, 2011.
119
Annex 51. Communication from the petitioners of September 23, 2011.
120
Annex 53. Communication from the state of December 7, 2004.
121
Annex 54. Verification Report No. 6790-20006-OD/Lima of September 6, 2006. Communication from the petitioners of May
122
Annex 54. Verification Report No. 6790-20006-OD/Lima of September 6, 2006. Communication from the petitioners of May
25, 2007.
25, 2007.