following coordination with [the representatives] and the victim’s next of kin,” and that the
State had the documentation authenticating the payment of the amounts corresponding to
the “contract covering all the costs of the construction of a permanent burial niche” and to
the “funeral home.”
9.
First, the Court recalls that, in the proceedings on merits, it had found it proved that,
during the investigation by the Office of the Special Provincial Prosecutor of Lima, a
statement had been obtained from an individual who had taken advantage of the Law on
Effective Collaboration and who had testified that he had witnessed how the disappearance
and execution of Santiago Gómez Palomino occurred and had indicated the place where the
remains were buried in the La Chira beach. 5 The measures taken in 2003 had been
unsuccessful and, in its last Order of July 5, 2011, the Court had noted that it had received
no information on subsequent measures. 6 Consequently, the recent information concerning
the discovery in the La Chira beach, Chorrillos, of the mortal remains of a person, which
might correspond to Santiago Fortunato Gómez Palomino, and which were handed over to
his next of kin for burial, constitutes a significant step forward in compliance with this
measure of reparation. The State advised that this discovery was made in the context of the
process of effective collaboration, without providing further information to the Court on the
said process, or a copy of the record of the measures taken in the search for the said
remains and the process of finding and identifying them.
10.
In this regard, the Court recalls that international standards require that the return
of the remains should take place when the victim has been clearly identified; in other words,
once positive identification has been obtained. 7 On this point, the Minnesota Protocol
establishes that “the body must be identified by reliable witnesses and other objective
methods.” 8 The Court recognizes that, owing to the specific circumstances of a case, it is
possible that the identification of the mortal remains and their return cannot be
substantiated by even one scientific method, 9 and the only practical option in such cases is
identification by recognition of the remains by the next of kin or friends of the disappeared
person, as well as by comparing data from the biological profile (sex, age, height), the
individual characteristics (old injuries, birth defects, tattoos and dental records), and the
personal objects and documents carried. Thus the International Committee of the Red Cross
has considered that visual methods should be used “as the sole means of identification only
5
Cf. Case of Gómez Palomino v. Peru. Merits, reparations and costs. Judgment of November 22, 2005.
Series C No. 136, paras. 54.14 and 54.15.
6
Cf. Case of Gómez Palomino v. Peru. Monitoring compliance with judgment. Order of the Inter-American
Court of Human Rights of July 5, 2011, fourteenth considering paragraph.
7
Cf. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary objection, merits, reparations and costs.
Judgment of November 16, 2009. Series C No. 205, para. 318, and Case of Nadege Dorzema et al. v. Dominican
Republic. Merits, reparations and costs. Judgment of October 24, 2012. Series C No. 251, para. 116.
8
United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and
Summary Executions (Minnesota Protocol). UN Doc E/ST/CSDHA/.12 (1991).
9
The International Committee of the Red Cross has recognized as scientific methods: (a) matching post
mortem and ante mortem dental radiographs; (b) matching post mortem and ante mortem fingerprints; (c)
matching DNA samples from the human remains with reference samples, and (d) matching other unique identifiers,
such as unique physical or medical traits, including skeletal radiographs, and numbered surgical implants/
prostheses. In addition, it has indicated that each of these methods, “which are part of ante-mortem and post
mortem data collection, can conclude an identification with a high degree of confidence that would be considered
beyond reasonable doubt in most legal contexts.” ICRC. Missing People, DNA analysis and identification of human
remains: A guide to best practice in armed conflicts and other situations of armed violence. 2009, p. 12. Available
at: http://www.icrc.org/eng/assets/files/other/icrc_002_4010.pdf.
5