16
66.
Based on the preceding paragraphs, the Court finds it has been proved that, between
August 1988 and February 1989, Saúl Cantoral-Huamaní received threats against his life
and personal integrity related to his leadership during the national mining strikes and that
he was even kidnapped on one occasion. These threats exposed him to a grave situation of
danger that was public knowledge owing to articles in the media.
The kidnapping and death of Saúl Cantoral Huamaní and Consuelo García Santa Cruz
67.
The Court finds it has been proved that the alleged victims were kidnapped and then
executed during the night of February 13, 1989, after they had met with a person who was
going to help Saúl Cantoral-Huamaní obtain a passport to travel to Zimbabwe for a trade
union meeting.37 According to the preliminary police investigations, at approximately 11.30
p.m. that evening, the National Police patrol service found the bodies of two persons in the
parking lot of the Wiracocha Park. First the body of Saúl Cantoral-Huamaní was identified,
with injuries caused by six bullets, and then the body of Consuelo García-Santa Cruz.38 A
piece of cardboard bearing the words “perro soplón, vendido, viva la huelga minera, viva el
PCP” [informer, traitor, long live the mining strike, long live the PCP] and a drawing of the
hammer and sickle were found near Mr. Cantoral-Huamaní’s body.39
68.
Regarding what happened in the moments before the death of the alleged victims,
the Court notes that both the Commission and the representatives maintain that they were
subjected to physical and psychological abuse before being deprived of their life.
69.
The Court observes that in the case of Consuelo García-Santa Cruz, the police
investigations concluded that her body “does not show any bullet wound, but there are
trauma injuries to the head, possibly caused by the tire of a moving vehicle, which killed
her” (infra para. 127).40 Until 2006, the official version of the facts was that her death had
been caused by being run over by a vehicle; moreover, according to the police report, “no
ballistic testing was done on the deceased “NN” [no name], subsequently identified as
Consuelo GARCIA-SANTA CRUZ, as she did not present any wounds that merited a ballistics
report.”41
70.
The State has acknowledged that the protocols of the autopsies conducted
immediately after the death of the alleged victims were mislaid. The Court finds that, in
2006, according to the evidence submitted by the State, a new autopsy was performed by
the Forensic Medicine Institute of the Attorney General’s Office. With regard to Saúl
Cantoral Huamaní, the new autopsy found, inter alia, five bullet wounds, four in the skull
37
Cf. Final Report of the Truth and Reconciliation Commission, supra para. 48, Volume VII, Section 2.19,
“The murders committed by the paramilitary group calling itself the Rodrigo Franco commando (1985-1990)” (file
of appendixes to the application, Volume I, appendix 2, page 8); note of the State No. 7-5-M/037 of February 4,
1994 (file of appendixes to the application, Volume II, appendix 1.5, page 223); and Report No. 11–D4-DINCOTE,
issued by the National Counter-terrorism Directorate on January 2, 1995 (file of appendixes to the brief answering
the application, appendix 1, pages 753-754.
38
Cf. Final Report of the Truth and Reconciliation Commission, supra para. 48, Volume VII, Section 2.19,
“The murders committed by the paramilitary group calling itself the Rodrigo Franco commando (1985-1990)” (file
of appendixes to the application, Volume I, appendix 2, page 8); note of the State No. 7-5-M/037 of February 4,
1994 (file of appendixes to the application, Volume II, appendix 1.5, page 223); and Report No. 11–D4-DINCOTE,
issued by the National Counter-terrorism Directorate on January 2, 1995 (file of appendixes to the brief answering
the application, appendix 1, pages 753-754.
39
Cf. note of the State No. 7-5-M/037 of February 4, 1994 (file of appendixes to the application, Volume II,
appendix 1.5, page 223); and Report No. 11–D4-DINCOTE, issued by the National Counter-terrorism Directorate
on January 2, 1995 (file of appendixes to the brief answering the application, appendix 1, pages 747).
40
Cf. Report No. 11–D4-DINCOTE, issued by the National Counter-terrorism Directorate on January 2, 1995
(file of appendixes to the brief answering the application, appendix 1, pages 756).
41
Cf. Report No. 11–D4-DINCOTE, issued by the National Counter-terrorism Directorate on January 2, 1995
(file of appendixes to the brief answering the application, appendix 1, pages 744).
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