76
as to whether the remains found and those that could still be in the mine, belong to the victims in
this case (supra para. 183).
254. With regard to the alleged lack of due diligence in the capture of Javier Bendezú Vargas
and Dennis Wilfredo Pacheco Zambrano, the absent defendants before the National Criminal
Chamber of Lima, the Court notes that on December 12, 2006, said Chamber ordered their
immediate location and capture. 293 Likewise, on November 9, 2009, it ordered “the re-issuance
of national and international warrants for their location and arrest,” noting that Mr. Bendezú Vargas
registered his domicile in Lima and Mr. Pacheco registered his domicile in Buenos Aires, Argentina
(supra para. 127). On February 6, 2010, the President of the Chamber was informed that
international warrants for the location and arrest of the defendants had been issued. 294
Subsequently, in a ruling on February 9, 2012, the National Criminal Chamber set aside the trial
of the absent defendants Javier Bendezú Vargas and Dennis Wilfredo Pacheco Zambrano and,
consequently, ordered their immediate location and capture at national and international level
(supra para. 131).
255. From the evidence it is also clear that the National Criminal Chamber requested the
extradition of Dennis Wilfredo Pacheco Zambrano by the judicial authorities of the Republic of
Argentina, and that in a decision of September 28, 2011, the Transitional Criminal Chamber of the
Supreme Court of Justice declared this request admissible. 295 However, on July 12, 2013, the
National Criminal Chamber decided to annul said extradition request. 296 In turn, on October 3,
2012, the National Criminal Chamber requested the extradition of Dennis Wilfredo Pacheco
Zambrano from the authorities of the United States of America. 297 In this regard, as reported to
the National Criminal Chamber on May 14, 2013, the International Judicial Cooperation and
Extraditions Unit of the National Prosecutor's Office submitted a request for his provisional
detention for extradition purposes. 298 Likewise, in a letter of July 19, 2013, the National Criminal
Chamber asked the Chief of the International Division of Crimes against Life, the Person and Health
(DIVIPVCS-OCN–INTERPOL-LIMA) to submit updated and complete information on the current
whereabouts of Dennis Wilfredo Pacheco Zambrano. 299 In response, on October 31, 2013, the
Head of DIVIPVCS-OCN–INTERPOL–LIMA reported that Dennis Wilfredo Pacheco Zambrano had
been living in the United States of America since 2000. 300
256. Furthermore, in a communication dated July 19, 2013, the National Criminal Chamber
asked the Chief of the Judicial Police’s Requisition Division to reiterate the order for the immediate
location and arrest of Javier Bendezú Vargas. 301 Finally, it is on record that, at least until January
8, 2015, the international arrest warrants for Javier Bendezú Vargas and Dennis Wilfredo Pacheco
Zambrano were in effect. 302
257. In relation to the above, the Court notes that in this case the authorities had the obligation
to take all the necessary steps to ensure that Javier Bendezú Vargas and Dennis Wilfredo Pacheco
Zambrano could be located and subsequently prosecuted. Although this is an obligation of means
and not of result, for a period of nearly nine years - that is, from December 2006, when the order
to locate and capture the defendants was issued (supra para. 254), to the present date - the State
Cf. Brief of June 13, 2007, National Criminal Chamber (evidence file, folio 188).
Cf. Report of February 13, 2015 of the National Police of Peru (evidence file, folio 5368).
295
Cf. Resolution of the Transitional Criminal Chamber of the Supreme Court of Justice of Peru of March 11, 2013
(evidence file, folio 4598).
296
Cf. Brief of the National Criminal Chamber of July 19, 2013 (evidence file, folio 4619).
297
Cf. Resolution of the Transitional Criminal Chamber of the Supreme Court of Justice of Peru of March 11, 2013
(evidence file, folio 4598).
298
Cf. Ruling of the National Criminal Chamber of May 14, 2013 (evidence file, folio 4600).
299
Cf. Brief of the National Criminal Chamber of July 19, 2013 (evidence file, folio 4618).
300
Cf. Brief of the Head of DIVIPVCS-OCN–INTERPOL–LIMA of October 31, 2013 (evidence file, folio 4621).
301
Cf. Official letters of the National Criminal Chamber of July 19, 2013 (evidence file, folio 4617).
302
Cf. Report of February 13, 2015, of the National Police of Peru (evidence file, folio 5370).
293
294