89
the various exhumations carried out at the procedural initiative of the next of kin been duly
identified(supra para. 263).
294. Consequently, the Court considers that the State must carry out or continue, in a systematic,
rigorous manner and with the adequate human and financial resources, the actions necessary both
to determine the whereabouts of members the village of Chichupac and neighboring communities
who were forcibly disappeared, and to locate, exhume and identify those who died and were
buried in clandestine graves as a result of the facts of this case. To this end, the State shall employ
all necessary technical and scientific means, taking into account the relevant national or
international standards on the matter, 349 and endeavor to complete all the required exhumations
within two years from notification of this judgment.
295. Should the remains be identified, they shall be delivered to the next of kin, after genetic
verification of blood relationship, as soon as possible and at no cost. In addition, the State shall
cover funeral expenses, if applicable, by mutual agreement with the next of kin. 350 Regarding the
problems pointed out by the State in carrying out the DNA analyses (supra para. 291), the Court
recalls that international standards require that the delivery of remains occur when the victim is
clearly identified, that is, once a positive identification has been obtained. 351 On this point, the
Minnesota Protocol of 1991 establishes that “the body must be identified by reliable witnesses
and other objective methods.” 352 The Court recognizes that, due to the specific circumstances of
a case, it is possible that the identification and delivery of mortal remains cannot be supported
by at least one scientific method 353 and that the only practical option in such cases is identification
through the recognition of the remains by relatives or acquaintances of the missing person, as
well as a comparison of data from their biological profile (sex, age, height), their individual
characteristics (old injuries, congenital defects, tattoos and dental features), and their personal
items and documents. In this regard, the International Committee of the Red Cross has
considered that visual methods “should be used as the sole means of identification only when the
bodies are not decomposed or mutilated, and when there is a well-founded idea of the victim’s
identity, such as when the killing and burial of an individual has been witnessed.” 354
296. In order to make the eventual location, exhumation, identification and delivery of the remains
to the next of kin effective and viable, this Court orders the State to establish a communication
strategy with the relatives and to agree on a framework for coordinated action to ensure their
participation, knowledge and presence.
297. Finally, as regards the creation of the aforementioned “Commission to Search for Persons
Victims of Forced Disappearance and Other Forms of Disappearance,” the Court acknowledges
349
As established in the United Nations Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary
and Summary Executions.
350
Cf. Case of Anzualdo Castro v. Peru, para. 185, and Case of the Peasant Community of Santa Bárbara v. Peru, para.
297.
351
Cf. Case of González et al. (“Cotton Field”) v. Mexico, para. 318, and Case of the Peasant Community of Santa
Bárbara v. Peru, para. 297.
352
United Nations Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary
Executions (Minnesota Protocol). DOC E/ST/CSDHA/.12 (1991).
353
The International Committee of the Red Cross has recognized the following as scientific or objective means: a)
matching post-mortem and ante-mortem dental radiographs; b) matching post-mortem and ante-mortem fingerprints;
c) matching DNA samples from human remains with reference samples, and d) matching other unique identifiers, such
as unique physical or medical traits, including skeletal radiographs, and numbered surgical implants or prostheses. It
has also stated that these means “which are part of ante-mortem and postmortem data collection, can conclude an
identification with a high degree of confidence that would be considered beyond reasonable doubt in most legal contexts.”
Cf. ICRC. Missing People: DNA Analysis and Identification of Human Remains: A guide to best practice in armed conflicts
Ed.),
2009,
p.
12.
Available
at:
and
other
situations
of
armed
violence.
(2nd
http://www.icrc.org/spa/assets/files/other/icrc_003_4010.pdf
354
Cf. Case of Gómez Palomino v. Peru. Monitoring Compliance with Judgment of February 13, 2013, considering para.
10, and Case of the Peasant Community of Santa Bárbara v. Peru, para. 297. Citing: ICRC. Missing People: DNA Analysis
and Identification of Human Remains: A guide to best practice in armed conflicts and other situations of armed violence.
(2nd Ed.), 2009, p. 10.