132.
In its review of the case, regarding the circumstances of the disappearance and its
connection to Law No. 28413 regarding absence because of forced disappearance, the Office of the Human
Rights Ombudsperson pointed out:
According to information gathered by the Office of the Human Rights Ombudsperson, on
January 26, 1991, there was a group of police officers who were engaged in a raid; they
detained Néstor Rojas Medina when he was walking in the vicinity of the Aviación avenue, in
the district and province of Tocache, in the department of San Martín. The policemen took
the victim to the Police Station of Tocache and, after a few days, he was transferred to the
Military Base of Tocache. Since that day his whereabouts are unknown.
As a result, the disappearance of Néstor Rojas Medina fits within the assumptions envisaged
in subparagraph a) of Article 3 of Law 28413, which indicates that absence because of forced
disappearance occurs “when the person had disappeared or was made to disappear in
circumstances where he/she was arrested, detained, or transferred against his/her will or any
other form of deprivation of liberty.”125
133.
The Commission noted that the Office of the Human Rights Ombudsperson concluded “that
there are elements that make it possible to reasonably presume that Néstor Rojas Medina has been absent
since January 26, 1991 because of forced disappearance as a consequence of the violence taking place during
the years 1980 to 2000.126 The Commission noted that the name of Néstor Rojas Medina is registered in the
List of Dead and Missing Persons Reported to the Truth and Reconciliation Commission 1980-2000,
indicating that the disappearance was also documented by COMISEDH, the National Human Rights
Coordination, and the Office of the Human Rights Ombudsperson. 127
134.
Regarding the investigations, the petitioners indicated that they had filed two complaints. 128
135.
On the one hand, there was the complaint filed with the Provincial Prosecution Service of
Tocache on February 5, 1991, regarding which they described the following sequence of events:
-
On February 14, 1991, the Chief of Command of the Police of Tocache, also known as “Tito,” informed
Senator Jorge Hurtado Pozo that policemen had detained Néstor Rojas Medina and that afterwards
he had been transferred to the armed forces.
-
On September 22, 1991, his mother made a statement.
-
On April 25, 2000, the Prosecution Office ruled to refer the investigation to the Police so that they
would proceed to taking steps to locate Néstor Rojas Medina
-
On July 11 (no year is indicated), the Prosecution Service issued a ruling, indicating that they did not
know for certain who had detained the victim, as a result of which they ordered the case file
documents to be provisionally archived and ordered the Tocache Police Station to continue its
investigations.
125
Annex 54. Verification Report No. 6790-20006-OD/Lima of September 6, 2006. Communication from the petitioners of May
126
Annex 54. Verification Report No. 6790-20006-OD/Lima of September 6, 2006. Communication from the petitioners of May
25, 2007.
25, 2007.
127 Final Report of the CVR. List of Dead and Missing Persons Reported to the Truth and Reconciliation Commission 19802000, page 365, E#22-1011161, available at:
http://www.cverdad.org.pe/ifinal/pdf/Tomo%20-%20ANEXOS/PDFSAnexo4/ListaMuertosyDesaparecidos.pdf
128
Annex 51. Communication from the petitioners of September 23, 2011.