43 139. Subsequently, on December 15, 2009, an exploratory inspection was conducted to assess the safety conditions for carrying out the investigative work and an expert report was prepared on January 21, 2010 by the mining engineer appointed for that purpose. The report concluded that in the mine shaft “there are rock settlements, and these are produced for two reasons: first, due to natural causes, such as water seepage and weakening of the rock mass in the area, due to the passage of time. Second, due to the detonation of an explosive charge.” The report noted that the site was unsafe for work due to the conditions and the state it was in, and recommended the placement of “struts or posts in a line, shoring up the area and making a head guard to prevent loose material from falling.” It also suggested “that the [struts] be placed by a master timber worker to ensure people’s safety.” 153 From the evidence presented in this case, it is not possible to verify whether these recommendations were implemented. 140. From March 1 to 8, 2010, the second stage of the recovery of human remains and associated items was carried out in the abandoned “Misteriosa” or “Vallarón” mine. The Supra Provincial Criminal Prosecutor of Huancavelica, members of the specialized forensic team of the Institute of Legal Medicine and Forensic Sciences for the judicial districts of Ayacucho and Huancavelica participated in these actions, as well as Zenón Cirilo Osnayo Tunque. On that occasion, three workers with mining experience “installed an electrical system inside the mine (mine lighting)” and “the roof and walls of the mine were shored up at the weakest point, which was approximately ten meters from the entrance to the mine,” with the support of Zenón Cirilo Osnayo Tunque. Subsequently, five excavation units identified as D, E, F, G and H were demarcated after the expansion of unit D in November 2009, and human bone fragments, vertebrae in anatomical order, dental pieces, fragments of clothing, footwear, firearm shells, slow explosive fuses and other associated elements were found. Most of the evidence recovered was found in units G and H, the place where Mr. Osnayo Tunque said he saw the remains of his relatives in June 1991. After the recovery of the remains from unit H, “one more meter was excavated vertically and horizontally, but no more evidence of forensic interest was found, thus completing the excavation process at this site.” The evidence recovered was taken to the Forensic Investigations Laboratory of Ayacucho. As stated in the report of March 8, 2010, Mr. Osnayo Tunque said he was satisfied with the work carried out, indicating that there is no other evidence beyond the excavated area. 154 141. Given that the intervention was carried out in March, the forensic archaeologist Luis Alberto Rueda Curimania explained: “[t]he main difficulties we encountered were the constant rock falls which at times put our lives at risk, despite the fact that the walls had been shored up, and the constant seepage of water on the site, which made the ground muddy at the place where the work to recover the remains was being done.” 155 142. On October 12, 2011, a judicial inspection was carried out at the mine, with the participation of the judge of the Fourth Criminal Court, the Supra Provincial Criminal Prosecutor of Lima, Zenón Cirilo Osnayo Tunque, the defense attorney for the civil party and police officers. During this procedure, a landslide took place that revealed the remains of clothing, apparent firearms and bone fragments, which were packaged and sent to the Criminalistics Department of the Peruvian National Police (PNP). 156 In this regard, the State reported that the Specialized Forensic Team (EFE) of the Institute of Legal Medicine and Forensic Sciences of the Public Prosecutor’s Office “did not participate, and did not have formal knowledge of this intervention.” Cf. Expert Report of January 21, 2010 (evidence file, folios 4331 to 4334). Cf. Recovery of human skeletal remains carried out on March 1-8, 2010 (evidence file, folios 190 and 5495 to 5506); Report prepared for the Inter-American Court of Human Rights by the Specialized Forensic Team of the Institute of Legal Medicine and Forensic Sciences of the Public Prosecutor’s Office (evidence file, folios 5465 to 5467), and statement of Luis Alberto Rueda Curimania at the public hearing held on January 26, 2015. 155 Cf. Statement of Luis Alberto Rueda Curimania in the public hearing held on January 26, 2015. 156 Cf. Record of judicial inspection of October 12, 2011 (evidence file, folios 5551 to 5553). 153 154