23
(b)
(c)
keeping with the conclusions and recommendations of the Truth and
Reconciliation Commission Report”;62
In the sphere of the Executive Branch, “Supreme Decree No. 062-2004-PCM used
the final report of the TRC as a basis for approving the Programmatic Framework
for State action in relation to integral reparations […]”;63
With regards to the facts discussed before the Court in the instant case, the
Prosecutor General’s Office “by a resolution of December 30, 2003 […] decided to
forward the Truth and Reconciliation Commission Report about the “Rodrigo
Franco Commando” to the Provincial Prosecutor Specialized in Forced
Disappearances, Extrajudicial Executions and Exhumation of Clandestine
Graves.”64
92.
The Court has given special weight to the CVR report as relevant evidence in the
determination of the acts and international responsibility of the Peruvian State in several
cases that have been submitted to its consideration.65 The Court also notes that, since the
publication of said Report in 2003, no judicial decision has negated the participation of State
agents in the execution of Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz or
established that the perpetrators were individuals other than State agents in the context of
the investigations conducted by the Attorney General’s Office.
93.
Additionally, in support of their claims with respect to the “Rodrigo Franco
Commando,” the Commission and the representatives invoked the majority report entitled
“Agustín Mantilla and his connection to the self-called ‘Rodrigo Franco Democratic
Commando,’” of a commission of the Congress of the Republic of Peru (the “Herrera
Commission”), published in July 2003.66 This majority report of the Congress has a section
entitled “comprehensive examination of cases” attributed to the said Commando, which
include the murder of Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz. The State
did not contest this report.
94
Irrespective of the specific conclusions regarding the perpetrators of the murders,
the Court notes that the majority and minority report of the Herrera Commission both agree
on the existence of paramilitary activities at the time of the facts. In this respect, the
minority report, referred to by the State to support one of its hypothesis that the
perpetrators were not State agents, indicates that “evidence has been found of the activities
of a paramilitary commando from 1986 to 1990, [although] neither DIRCOTE nor DIGMIN
have been able to determine the identity of its members […].”67 Additionally, the report
indicates that a member of the GRUDE police unit, who testified before the Herrera
62
Cf. act created the Integral Reparations (PIR), Act No. 28592 issued on July 20, 2005 (file of appendixes
to the brief answering the application, appendix 14, page 1004).
63
Cf. supreme decree No. 047-2005-PCM, sixth whereas clause (file of appendixes to the brief answering the
application, appendix 13, page 999).
64
Cf. Report No. 05-2005-2º FPSP-MP-FN issued by the Regular Provincial Prosecutor of the Second Supraprovincial Criminal Prosecutors Office on December 2, 2005 (file of appendixes to the brief answering the
application, appendix 7, pages 925).
65
The TRC Report has been used for the determination of acts proved in judgments such as Case of La
Cantuta v. Peru, supra note 8, notes 17-24, 26, 87-88, 90, 92-94, 96, 112-113; Case of the Miguel Castro-Castro
Prison v. Peru, supra note 6, notes 21, 27-28, 30-33, 35, 37, 39, 43, 49-50, 53-56, 59-61, 63-74, 100, 107, 110;
Case of Baldeón-García v. Peru, supra note 6, notes 16-27; Case of Gómez-Palomino v. Peru. Judgment of
November 22, 2005. Series C No. 136, notes 12-16, 18, 22; Case of De la Cruz-Flores v. Peru. Judgment of
November 18, 2004. Series C No. 115, note 29.
66
Cf. Congress of the Republic, Commission to investigate the cases of corruption of the 1990-2000 decade,
Report: Agustín Mantilla and his connection to the self-called Rodrigo Franco Democratic Commando – majority
report (file of helpful evidence submitted by the State on June 8, 2007, pages 1313-1400).
67
Cf. Congress of the Republic, Commission to investigate the cases of corruption of the 1990-2000 decade,
Final Report on the alleged connection with paramilitary groups of Agustín Mantilla Campos – minority report (file
of helpful evidence submitted by the State on June 8, 2007, page 1398).
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