136.
On the other hand, there was the complaint filed on September 16, 2004 by the mother of
Néstor Rojas Medina with the Prosecution Service Specializing in Forced Disappearances, Extrajudicial
Executions, and the Exhumation of Clandestine Graves, for the crimes of kidnapping and forced
disappearance to the detriment of her son. They described that this complaint led to the proceedings of
September 23 of that same year, that official letters were sent to various authorities, and that, in April 2005,
statements were taken in a preliminary examination.
137.
The state did not challenge this information about the complaints referred to. The
description of the internal investigations conducted by the state starts in 2011, on the basis of which the
Commission understands that, between 2005 and 2011, no steps had been taken with respect to this
investigation.
138.
Specifically, the state indicated that “investigations have been conducted for the Crime
against Humanity, under the category of Forced Disappearance, perpetrated by a government official.”129 By
means of Order Number One of March 28, 2011, issued by the First Provincial Corporate Criminal Prosecution
Office of Moyobamba, the following was ordered:
a)
b)
c)
d)
Adjust the case of Mr. Néstor Rojas in line with the New Criminal Proceedings Code;
Start the preliminary investigation at the headquarters of the prosecution against THOSE
FOUND TO BE RESPONSIBLE as the alleged perpetrators of the crime against humanity,
under the category of forced disappearance, to the detriment of Néstor Rojas, under the
direction of the Public Prosecutor’s Office with a maximum deadline of 120 days to better
clarify the facts;
Extend taking statements from various persons;
Forward various official letters to the Ministry of Defense and the Ministry of the Interior so
that they could provide information about the names of the chiefs in charge of the Police
Station of Tocache from January to December 1991; to the Counter-Terrorism Department of
the National Police Force of Peru so that it would forward a report on prior records of the
crime of terrorism and/or treason to the homeland that Néstor Rojas might have had; an
official letter to the National Convictions Office so that it would send a report on the possible
convictions and crimes that might be registered for Néstor; official letter to the Executive
Office of the Penitentiary Records so that it would send a report on Nestor’s entries and exits
in penitentiary centers; official letter to the General Department of Migration and
Naturalization so that it would send a report on his entry into and exit from the country; and
to the National Electoral Office to send a report of whether or not Néstor Rojas exercised his
right to vote in the elections of 1996, 2001, and 2006.130
139.
The state asserted that, through the Public Prosecutor’s Office, it has ordered a series of
steps and procedures aimed at clarifying the facts, the whereabouts of the victim, and the identification and
punishment of those responsible.131
140.
By means of provision No. 03-2012-1°FPPL of January 18, 2013, the First Provincial
Corporate Criminal Prosecution Service of Tocache declared that it was not appropriate to formalize or
continue the preparatory investigation for the crime against humanity under the category of forced
disappearance perpetrated by members of the National Police Force, in the identification stage, to the
detriment of Néstor Rojas Medina. That decision was based on the following:
129
Annex 55. Communication from the state. Note No. 7-5-M/244 of April 25, 2011.
130 Annex 56. Order Number One of March 28, 2011, issued by the First Corporate Provincial Criminal Prosecution Service of
Moyobamba. Communication from the state. Note No. 7-5-M/244 of April 25, 2011.
131
Annex 55. Communication from the state. Note No. 7-5-M/244 of April 25, 2011.