3 La Cantuta, the Court considered proved that the “incinerated bone remains” found in Cieneguilla were part of a “secondary burial,” as they “had already remained in other graves” and, after having been removed and burnt (“the bodies were burnt in state of putrefaction”), were “taken and buried in the Chavilca region” (para. 85(34). That is, the violation of the principle of human dignity took place not only in life, but also after life. 11. It is notorious and public that the illegal detention, followed by extra-legal execution of the victims of cases of both Barrios Altos and La Cantuta, were perpetrated by the “death squad” called “Grupo Colina.” This extermination group was directly organized within the hierarchical structure of the Peruvian State armed forces, and "carried out a State policy consisting in the identification, control and elimination of those persons suspected of belonging to insurgent groups or who opposed to the government of former President Alberto Fujimori. It operated through the implementation of systematic indiscriminate extra-legal executions, selective killings, forced disappearances and tortures.” (paras. 80(18)). 12. An account of the history of "Grupo Colina" says that former President A. Fujimori and his consultant V. Montesinos made that choice so as to combat terrorism with the “clandestine war” of “State terrorism,” performing “kidnapping, forced disappearances and extra-legal executions,” and using the “perverse resource of transferring liabilities to lower ranks,” thus eluding “their direct liability”; however, the so called “Grupo Colina” was authorized to act “from the highest Government instance.”1 The crimes of both Barrios Altos and La Cantuta constituted an unequivocal and conclusively proven part of a State policy.2 An analysis of the Final Report of the CVR confirms, fully detailed, the criminal operations of “Grupo Colina,” with express reference and accounts of the crimes of both Barrios Altos and La Cantuta as part of a behavior pattern of criminal conduct on the part of the State.3 13. Considering the above, it is concluded that we are, in the case of La Cantuta and in the context of this sinister State strategy, unequivocally in the presence of a State crime which also -as set forth by this Judgment- counted on the State concealment of the facts and the systematic obstruction of the investigations, including the destruction of evidence of the serious crimes committed. In this case of La Cantuta, it was conclusively proven that premeditation (mens rea), planning and commission of the crime, under aggravated circumstances, and the subsequent concealment of the facts, were executed by numerous State agents, with State resources (including those derived from income tax contributors), in a command line which involved both the perpetrators of the atrocities and the highest authorities of the State power. Facts reveal a horrendous investment of the State purposes, and they constitute an unequivocal State crime, with all its legal consequences (cf. infra). 3. Acknowledgement Government itself. of Aggravated Liability by the Respondent 1 U. Jara, Ojo por Ojo - La Verdadera Historia del Grupo Colina (The True Story of the Colina Group), Lima, Edit. Norma, 2003, pp. 59-60; and cf. pp. 75, 78, 88 and 124, for the “learnt lessons” by the murderers at the Escuela de las Américas. 2 3 Ibid., pp. 180-181, and cf. pp. 130-133, 144, 150-151, 160-163 and 177-179. Cf. Comisión de la Verdad y Reconciliación de Perú (Truth and Reconciliation Commission of Peru) (CVR), Informe Final (Final Report), book VII (Part I: The Process, the Facts, the Victims), Lima, CVR, 2003, pp. 81, 97, 100, 116, 119, 130-158, 233-245 (case of La Cantuta), 369, 390, 475-493 (case Barrios Altos); and cf. pp. 455473 on the case of students disappearances of Universidad Nacional del Centro (1990-1992).