45
measures can complement each other. 161
142. Now, the Court recalls that in the Case of the Peasant Community of Santa Bárbara v.
Peru, it concluded the forced disappearance of 15 people who were deprived of their liberty by
State agents and remained under State custody while they were transported and forced into the
interior of a mine where they were shot with rifles and almost immediately their bodies were
immolated by detonating dynamite charges. In this case, there was evidence of subsequent
actions by the authorities and State agents that “had the purpose of eliminating all evidence of
what had happened and concealing what really had occurred or erasing all trace of the bodies to
prevent their identification or to prevent their fate and whereabouts from being established.”
Said evidence consisted of: a) the refusal of the military authorities to acknowledge the detention
of the victims in the initial days after the events occurred; b) the modus operandi used in the
destruction of evidence in the first days after the events; c) the loss of the evidence collected
on July 18, 1991; d) the registration of death certificates in 1991 and 1992 with false ages, and
e) that the forensic investigation in the search, recovery, analysis and eventual identification of
human remains was characterized by a clear lack of thoroughness and due diligence, especially
serious. Finally, the evidence of subsequent actions by state agents who sought to eliminate the
evidence and to conceal what actually happened was fundamental to the Court's conclusion. 162
143. In the instant case, taking into account the arguments of the parties and the Commission,
the Court will analyze the actions carried out by the State security forces after allegedly killing
the alleged victims and, based on this, will evaluate whether the facts should be classified as
forced disappearances. The Court will also rule on the consequences of not initiating, continuing
and/or completing the forensic investigations associated with the search, recovery, analysis and
eventual identification of the remains in the instant case.
144. First of all, the facts show that, of the 81 persons identified as victims of forced
disappearance, 21 were murdered 163 by State security forces and their bodies were abandoned
in the open between August 1981 and August 1986. Their remains were found by relatives and
neighbors, who buried them in clandestine graves. Subsequently, in 1993, 2002, 2003 and 2004,
forensic work was carried out in order to exhume and identify the skeletal remains of at least 18
of the aforementioned persons, which were eventually handed over to their next of kin (supra
paras. 87, 105, 112, 113, 115, 117, 119 and 120). In other words, from the time of their deaths
and thereafter, the relatives of these 21 persons have had clear knowledge that the victims were
executed, and knew the place where they themselves had buried their remains. Therefore, the
Court considers that it is not reasonable to conclude that these 21 individuals were victims of
forced disappearance, since it does not appear from the account of the facts that there was any
attempt by State agents to conceal their deaths or to erase all trace of their bodies in order to
prevent identification or to prevent their fate and whereabouts from being established, or to
eliminate evidence of the events that occurred.
145. Second, it is on record that of the 81 persons indicated as alleged victims of forced
disappearance, 34 164 were killed by members of the State security forces, who immediately
See Case of Gómez Palomino v. Peru. Monitoring Compliance with Judgment. Resolution of the Inter-American Court
of Human Rights of July 15, 2011, Considering paragraph 15.
162
Cf. Case of the Peasant Community of Santa Bárbara v. Peru, paras. 186 and 289.
163
The persons mentioned are: 1. Víctor Alvarado Valey; 2. Ceferino Alvarado Sucup; 3. Fidel Alvarado Sucup; 4.
Santiago Reyes Román; 5. Andrés Reyes Román; 6. Domingo Reyes Juárez; 7. Andrea Osorio Galeano; 8. Eusebia Grave
Garcia; 9. José León Grave García; 10. Medardo Juárez Garcia; 11. Silvestre Sic Xutumul; 12. Raymunda Corazón or
Raymunda Sical Corazón; 13. Rosa González Tecu; 14. María Concepción Xitumul; 15. Héctor Rolando Alvarado García;
16. Adela Florentina Alvarado Garcia; 17. Enriqueta Tecu; 18. Luciana or Lucía Xitumul Ixpancoc; 19. Luciano Alvarado
Xitumul; 20. Girl of unknown name aged 0-3 months, and 21. Efraín García de Paz.
164
The persons mentioned are: 1. Elías Milián González; 2. Amelia Milián Morales; 3. Domingo Cahuec Sic; 4. Víctor
Juárez Pangan; 5. Cruz Sic Cuxum; 6. Patrocinio Chen Galiego; 7. Agustín Juarez Ixpancoc; 8. Pedro Galiego López; 9.
Clemente Juárez Ixpancoc; 10. Pedro Sic Jerónimo; 11. Gregorio Valey; 12. Timoteo Sic Cujá; 13. Roberto Galiego Chén;
161