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filing several complaints, none of which was given the prompt treatment they
deserved in light of the seriousness of the facts denounced;
d)
the egregious clue to the disappearance and execution of the victims required
that the prosecutors, police officials and other relevant authorities go to every
effort to carry out an effective search and an efficient investigation in
proportion to the seriousness and significance of the facts denounced, which
did not happen;
e)
regardless of the lack of competence per se of the military courts to try
human rights violations, the grave irregularities committed deliberately and
systematically in the instant case by the different State powers to support the
intervention of military courts and eventually determine their competence,
reveal a policy seeking to obstruct investigations in ordinary courts with the
clear purpose of covering up for those responsible. This official policy of
concealment and obstruction highlights the existence of a general context of
impunity;
f)
it is clear that, from the high spheres of the State - the Executive, the
Congress of the Republic and the Supreme Court of Justice - the available
constitutional and legal mechanisms were arranged, with abuse of power, so
as to enable the alleged perpetrators and instigators to elude the
administration of competent justice, obtain favorable decisions from military
courts and then try to ensure, through amnesty laws, the impunity of physical
perpetrators;
g)
military courts do not guarantee the necessary independence and impartiality
to try cases involving members of the Armed Forces. Thus, characteristics like
hierarchical subordination and the fact that military judges are on active duty,
make it impossible to regard military courts as a true judicial system, as was
verified by the Court in the Case of Durand and Ugarte v. Perú and has been
acknowledged within domestic jurisdiction by the Constitutional Court;
h)
the fact that the military judges were prejudiced when trying the events of La
Cantuta was later confirmed by the proceedings brought against them in
ordinary courts;
i)
the prosecution of those responsible by military courts prevented the alleged
victims' next of kin from being heard by a competent court. The investigation
of the case by criminal military courts also stopped the next of kin from
having a fair trial and exercising an effective judicial remedy to duly try and
punish those responsible. The same is true for intellectual perpetrators, who,
despite not being favored by amnesty laws, were not held responsible for the
facts pursuant to a resolution ordering dismissal without trial, rendered by a
military court without taking into account the conclusive evidence showing
their participation in the planning, organization and coordination of the
crimes;
j)
granting jurisdiction to criminal military courts to hear the crimes perpetrated
by members of the Army, who were already being investigated by regular
criminal courts, entailed lack of respect for the principle of exceptionality and
the restrictive nature of military courts, which constitutes a violation of the
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