27
VIII
FACTS
83.
In this chapter the Court will refer to the following facts that are proven in the instant case:
a) the families involved in the instant case; b) the context in which the facts took place; c) the
events that occurred in the peasant community of Santa Bárbara; d) the complaints filed, as well
as the procedures for the removal of human remains and evidence found; e) the investigations
and judicial proceedings related to the facts of the case, and f) the procedures related to the
search for, recovery and identification of the human skeletal remains carried out by the State.
The legal classification of the facts will be established in the merits of this judgment.
A. The families involved in the instant case
84.
It is an undisputed fact, consistent with the evidence, 56 that the instant case refers to
events involving two family groups, as well as Elihoref Huamaní Vergara (22 years old): 57
a) The first family group, made up of three generations which, at the time of the facts, was
constituted as follows: Francisco Hilario Torres and his wife Dionicia Quispe Mallqui (60 and
57 years old, respectively), who lived on a farm located in the Rodeo Pampa annex of the
Miguel Pata sector of Santa Bárbara, Department of Huancavelica, with their two daughters
and son, Antonia, Magdalena and Marcelo, all with the surnames Hilario Quispe, and with
their respective families, namely:
(i)
(ii)
(iii)
(iv)
Antonia Hilario Quispe (age 31) and her husband Zenón Cirilo Osnayo Tunque, who
had three daughters named Yesenia, Miriam and Edith 58 Osnayo Hilario (ages 6
years, 3 years and 8 months, respectively);
Magdalena Hilario Quispe (26 years old), who had a son named Alex Jorge Hilario
(6 years old), and
Marcelo Hilario Quispe and his wife Mercedes Carhuapoma de la Cruz 59 (21 years
old and 20 years old, respectively), who had a son named Wilmer Hilario
Carhuapoma (3 years old). Mercedes Carhuapoma de la Cruz was in her six month
of pregnancy.
In addition, Francisco Hilario Torres and Dionicia Quispe Mallqui had two other
children who did not live in the community of Santa Bárbara, namely, Zósimo Hilario
Quispe and Gregorio Hilario Quispe.
56
It should be noted that the information contained in the evidence file on the members of those family groups
varies in some cases. Furthermore, some family members have died since the year 2000; however, the information on
the dates of their deaths is inconsistent or is not available. Therefore, the Court has proceeded to point out those details
that are consistent in the evidence and information provided by the parties and the Commission, without prejudice to
any new evidence that could arise in this regard. Cf. Relationship of the alleged victims and their next of kin (evidence
file, folio 31); Baptism certificate of December 3, 2012 (evidence file, folio 3876); Interview with Zenón Cirilo Osnayo
Tunque, Expert Report No. 18, Investigation 2008-61-0 of April 18 and 19, 2010 (evidence file, folios 4340 to 4341 and
4350 to 4351); Judgment of the National Criminal Chamber of February 9, 2012 (evidence file, folio 4509); Statement
rendered on January 9, 2015 by affidavit by Zósimo Hilario Quispe (evidence file, folio 5200); Statement rendered on January
9, 2015 by affidavit by Marcelo Hilario Quispe (evidence file, folios 5203 and 5207); Statement rendered on January 9, 2015
by affidavit by Gregorio Hilario Quispe (evidence file, folios 5209 and 5210); Statement rendered on January 9, 2015 by
affidavit by Víctor Carhuapoma de la Cruz (evidence file, folio 5213); Statement rendered on January 9, 2015 by affidavit
by Abilio Hilario Quispe (evidence file, folio 5217); Statement rendered on January 9, 2015 by affidavit by Marcelina Guillen
Riveros (evidence file, folio 5220); Statement of Zenón Cirilo Osnayo Tunque in the public hearing held on January 26, 2015,
and Death certificates (evidence file, folios 3745 and 3746).
57
The father of Elihoref Huamaní Vergara was Alejandro Huamaní Robles (deceased) and his brother is Marino
Huamaní Vergara. Cf. Death certificate (evidence file, folio 3744).
58
Edith Osnayo Hilario is also identified as Roxana Osnayo Hilario.
59
The mother of Mercedes Carhuapoma de la Cruz is Ana de la Cruz Carhuapoma (deceased), and her brother is
Víctor Carhuapoma of the Cruz.