17
towards the family of Mr. Gómez-Palomino. The expert recommends that Mrs.
Esmila Liliana Conislla-Cárdenas should undergo both individual and family
psychotherapy.
d)
Report by Expert Sofía Macher, commissioner of the Comisión de la
Verdad y Reconciliación del Perú (Truth and Reconciliation Commission of Peru)
The expert made reference to the work carried out by the Comisión de la Verdad y
Reconciliación del Perú (Truth and Reconciliation Commission of Peru), particularly
to the conclusions reached by the Commission on the patterns of violations to
human rights existing at the time, the Colina Group and its relationship with the
State.
The expert informed that the Comisión de la Verdad y Reconciliación del Perú (Truth
and Reconciliation Commission of Peru) believed that forced disappearances in Peru
were of a systematic nature, particularly between 1983-84 and 1989-93. This called
for a standard modus operandi, a set of established procedures for the
identification, selection and processing of victims, as well as for the elimination of
evidence —particularly, the bodies of the victims— of the crimes committed
throughout this procedure (violation of the due process principle, tortures and
extrajudicial executions). In addition, the scale at which forced disappearances were
used required the existence of a logistic setup providing for the means and
personnel to implement them.
The expert pointed out that State agents used the procedure of forced
disappearance of persons in a generalized and systematic manner as part of the
mechanisms of anti-subversive struggle. Most of the cases of forced disappearance
by State agents were not perpetrated randomly or as spontaneous responses
implemented by low-rank agents.
According to the expert, there are many circumstances leading to the conviction
that such acts were designed, organized and carried out by means of a structure
that implied operational and functional coordination at higher levels than those of
ordinary law-enforcement officials. The steps involved in forced disappearance
called for a complex organization, for a structure and for delegating functions in
different groups of operating agents. The Comisión de la Verdad y Reconciliación del
Perú (Truth and Reconciliation Commission of Peru) reached the conclusion that
forced disappearances were planned, carried or supervised by State officials and
under encoded procedures. It implied coordination, which was needed to exert
influence on other law-enforcing bodies, under different command but subordinated
to the local political-military government in charge of the area. The Comisión de la
Verdad y Reconciliación del Perú (Truth and Reconciliation Commission of Peru)
concluded that the main bodies involved in cases of forced disappearances were, in
order of importance: the Army, the police forces and the Navy.
The expert reported that the generalized impunity under which the agents
responsible for these crimes operated reveals the existence of severe negligence,
implied tolerance or, in the worst of cases, of policies or practices designed to
ensure such impunity.
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