94
313. The State also referred to the “improvements that help to strengthen” the work of the
Specialized Forensic Team (EFE), “in charge of investigating human rights violations in Peru during
the years of the internal conflict, 1980-2000.” It explained that the EFE “has sought to align its
work with international norms and standards”. In particular, it mentioned the following: i) the
standards established by the United Nations “Manual on the Effective Prevention and Investigation
of Extra-Legal, Arbitrary and Summary Executions” (1991), known as the Minnesota Protocol; ii)
the ICRC Report: The Missing and Their Families (2003), prepared by the International Conference
of Governmental and Non-Governmental Experts sponsored by the International Committee of the
Red Cross in Geneva from February 19 to 21, 2003; iii) the scientific recommendations contained
in the “Guidelines for International Forensic Bio-archaeology Monitors of Mass Grave Exhumations”
published by Skinner, Alempijevic and Djuric-Srejic in Forensic Science International (2003). In
addition, it indicated that another reference for consultation would be the “Manual for the effective
investigation of graves containing human remains in Peru” (2002), prepared by the Ombudsman’s
Office and the Peruvian Forensic Anthropology Team. It also pointed out that the EFE has begun
to apply the recommendations of the “International Consensus on Principles and Minimum
Standards for Psychosocial Work in Search Processes and Forensic Investigations in Cases of
Enforced Disappearances, Arbitrary or Extrajudicial Executions.” Moreover, the EFE is currently
participating in the Working Group on the Search for Disappeared Persons (BDP) sponsored in Peru
by the International Committee of the Red Cross, Regional Delegation for Bolivia, Ecuador and
Peru (ICRC), one of its purposes being to reach a consensus protocol on appropriate procedures
for this type of work.
Considerations of the Court
314. The Court appreciates the efforts made by the State to strengthen its investigation system
in relation to forced disappearances, as well as the improvements made in the Specialized Forensic
Team (EFE) of the Institute of Legal Medicine and Forensic Sciences of the Public Prosecutor’s
Office. In this regard, the Court has assessed the evidence provided by the State, which shows
that it initiated and continued with the training and education of members of the EFE. 363 In addition
to various working groups and studies carried out, the EFE has specifically incorporated
international norms and standards in this area into its work. 364 The Court notes that the
aforementioned efforts are aimed at properly processing the work carried out by the EFE.
315. The Court recalls that the training component is a way of providing public officials with new
knowledge, developing their skills, enabling them to specialize in certain new areas, preparing
them to take on different roles and adapting their skills to better perform their assigned tasks. 365
Thus, training, as a system of continuous education, must be extended over a significant period of
The State presented evidence of the training courses and programs for members of the EFE as follows: a) from June
to September 2003, members of the EFE received a first training course in Forensic Anthropology; b) five professionals of the
EFE who worked both in the Lima and Ayacucho offices studied for a Master’s Degree in Forensic Anthropology and Bioarchaeology from 2008 to 2010; c) two anthropologists of the EFE in Ayacucho studied between 2009 and 2010 for a second
professional specialty in Physical Anthropology and Forensic Sciences; d) with the support of the International Committee of
the Red Cross annual training courses were gradually added for the forensic experts in Ayacucho. Cf. Document prepared by
the Specialized Forensic Team (EFE) of the Institute of Legal Medicine and Forensic Sciences, March 2014 (evidence file, folios
4643 and 4644).
364
In this regard, the State presented information on: a) the consultation and use of the Manual for Effective Investigation
of Graves with Human Remains in Peru, May 2002, prepared by the Ombudsman’s Office and the Peruvian Forensic
Anthropology Team, and b) the implementation of an Internal Directive of the Public Prosecutor's Office of September 8,
2001, which regulates the prosecutorial investigation of the discovery of graves with human remains related to serious
human rights violations, which has as its legal basis, among others, the United Nations Manual on the Effective Prevention
and Investigation of Extra-legal, Arbitrary or Summary Executions, of 1991. Cf. Document prepared by the Specialized
Forensic Team (EFE) of the Institute of Legal Medicine and Forensic Sciences, March 2014 (evidence file, folio 4639), and
Directive No. 011-2001-MP-FN which regulates the prosecutorial investigation of the discovery of graves with human
remains related to serious human rights violations, Internal Directive of the Public Prosecutor's Office of September 8, 200
(evidence file, folio 4654).
365
Cf. Case of Claude Reyes et al. v. Chile, and Case of Gutiérrez and Family v. Argentina, supra, para. 167.
363