corresponding criminal proceedings were filed 103 and, in the writ dated April 8, 2011, the Third
Supraprovincial Criminal Court of Lima issued an order barring José Antonio Esquivel Mora from leaving the
country.104
115.
In April 2012, the state reported that, on November 21, 2011, the National Criminal Chamber
upheld the ruling that was appealed on February 17, 2011 issued by the Third Supraprovincial Criminal
Provincial Court of Lima, and stated that the challenges filed based on the “underlying nature of the crime”
and statute of limitations claimed by the accused were groundless. 105
116.
On July 9, 2013, the criminal proceedings against José Antonio Esquivel Mora for the crime
against humanity, under the category of forced disappearance, to the detriment of Santiago Antezana Cueto
were in the oral trial stage, concretely in the stage of taking statements from witnesses and experts. 106 The
Commission noted that the name of Santiago Antezana Cueto was registered in the List of Dead and Missing
Persons Reported to the Truth and Reconciliation Commission 1980-2000.107
117.
As for the allegations of torture, the Commission stressed that, on September 24, 1986,
Máximo Antezana Espeza requested the Director of the Human Rights Office of the Public Prosecutor’s Office
to provide for him and his family “safeguards so that they could live peacefully in La Merced and inform me if
there is any regular proceedings filed against me that would justify monitoring by the police, otherwise it
would involve arbitrary monitoring to prevent me from continuing to file complaints against civilians and
military personnel who had detained, made to disappear, and killed persons from my village of Manyacc,
District of Anta, Province of Acobamba, Huancavelica.” 108 Among the considerations set forth in his request,
Mr. Máximo Antezana pointed out that:
In Manyacc, I was detained by civilians who were associated with Forces of Law and Order
and handed over to them. I stayed in the Army Garrison of Acobamba for several days along
with my brother Emiliano Antezana Espeza and my nephew Santiago Antezana Cueto. There,
we were tortured and when we were released we were instructed not to speak and to leave
the village otherwise I “would be made to disappear.”109
118.
The Commission noted that, in her ratification of the complaint filed with the Office of the
Attorney General of the Nation, on June 20, 2001, Rosa Carcausto Paco pointed out the following:
Santiago Antezana stayed in that garrison for a week, where he was subjected to various
types of torture, a fact that was reported to me by his uncle Máximo Antezana after he had
been released.110
103 Annex 44. Bill of indictment issued by the Third Supraprovincial Provincial Criminal Court of Lima on April 28, 2010.
Annex to the communication from the state. Note No. 7-5-M/174 of April 24, 2012.
104 Annex 45. Resolution issued by the Third Supraprovincial Court of Lima of the National Criminal Chamber on April 8, 2011.
Annex to the communication from the petitioners of July 4, 2011.
105
Annex 46. Communication from the state. Note No. 7-5-M/174 of April 24, 2012.
106
Annex 47. Report from the state No. 194-2013-JUS/PPES of July 9, 2013.
Final Report of the Truth and Reconciliation Commission. List of Dead and Missing Persons Reported to the Truth and
Reconciliation Commission 1980-2000, page 365, E#09-1000520, available at:
107
http://www.cverdad.org.pe/ifinal/pdf/Tomo%20-%20ANEXOS/PDFSAnexo4/ListaMuertosyDesaparecidos.pdf
108 Annex 48. Petition for guarantees filed by Mr. Máximo Antezana Espeza with the Director of the Human Rights Office of the
Public Prosecutor’s Office on September 24, 1986. Annex to the communication from the petitioners of January 19, 2005.
109 Annex 48. Petition for guarantees filed by Mr. Máximo Antezana Espeza with the Director of the Human Rights Office of the
Public Prosecutor’s Office on September 24, 1986. Annex to the communication from the petitioners of January 19, 2005.
110 Annex 41. Ratification of the complaint filed by Ms. Rosa Carcausto Paco with the Office of the Attorney General of the
Nation on June 25, 2001. Annex to the communication from the petitioners of January 19, 2005.