47
decision187. Moreover, it emphasized that the proceedings have remained for many
years in the possession of different prosecutor’s offices and pointed out that “to date,
nor the police or the prosecution authority had carried out a meaningful, thorough,
and conscientious preliminary investigation, as warranted in cases of alleged crimes
against humanity.” Therefore, it ordered the appropriate Provincial Criminal
Prosecutor’s Office to directly take over this investigation and adopt a series of
measures188. On April 11, 2007 the Prosecutor’s Office decided to expand the
investigation and ordered the measures required by the Superior Court 189 .
145. This hindrance was also reflected on the several activities arisen as of 2005 190
in relation to the request to transfer the proceedings to the Office of the Special
Prosecutor for Human Rights, which was investigating into the complaints filed
against Vladimiro Montesinos and other people involved191. That request had a
favorable resolution and therefore, since May 7, 2008 that Prosecutor’s Office is
conducting the investigation192.
146. As to the investigations that link the then high-ranking government authorities
to the forced disappearance of Mr. Anzualdo Castro, none of the two investigations
had resulted in the prosecution and possible conviction of the responsible. In the
proceedings against Montesinos, the investigation regarding Mr. Anzualdo Castro was
consolidated in May 2008 (supra para. 145) and up to the present, no information
about the progress of such investigation has been reported to this Court.
187
Cf. Decision issued by the Office of the Second Special Criminal Prosecutor for Organized Crime in
case file Nº 02-2007 of March 20, 2007 (record of evidence, volume V, Appendix 19 to the application,
page 1794).
188
The Office of the Second Prosecutor ordered, among other measures, to take certain statements
or “declarations”; collect information on the career and non-commissioned officers who were on duty
October and December 1993; obtain certified copies of the evidence provided by the next -of -kin of the
victims and procedural documentation that were related to the disappearance of Kenneth Ney Anzualdo
Castro and Martin Javier Roca Casas, contained in the record of case 45-03 before the Special Chamber of
the Supreme Court; amended signed statement from Ricardo Manuel Uceda Pérez. Cf. decision issued by
the Office of the Second Special Criminal Prosecutor for Organized Crime in the case file Nº 02-2007 of
March 20, 2007 (record of evidence, volume V, Appendix 19 to the application, pages 1794- 1795).
189
Cf. order issued by the Office of the Third Supra-Provincial Prosecutor of April 11, 2007 (record of
evidence, volume VI, appendix 37 to the application, pages 1976-1977).
190
Cf. order issued by the Office of the Special Prosecutor on Forced Disappearances, Extrajudicial
Executions and Clandestine Graves in case-file N° 50-2002 of April 13, 2005 (record of evidence, volume V,
appendix 15 to the application, page 1778); motion for reconsideration filed before the office of the Special
Prosecutor on Forced Disappearances, Extrajudicial Executions and Clandestine Graves in case file N° 502002 on May 3, 2005 (record of evidence, volume V, appendix 16 to the application, page 1782); order
issued by the Office of the Fourth Prosecutor before the National Superior Criminal Court in case file N° 502002 on July 6, 2005 (record of evidence, Volume V, appendix 16 to the application, pages 1780-1781);
request to transfer the preliminary investigation N° 04-2007 before the Office of the Special Prosecutor for
Human Rights of April 4, 2008 (record of evidence, volume VIII, appendix 18 to the brief of pleadings and
motions, pages 3023-3026); and order issued by the Office of the Third SupraProvincial Prosecutor on April
21, 2008 (record of evidence, volume VIII, appendix 18 to the brief of pleadings and motions, pages 30153030).
191
Said Offices of Special Provincial Prosecutors were created on November 10, 2000 by the
resolution of the Solicitor’s General, in order to take up the investigations into the complaints filed against
Vladimiro Montesinos Torres. After twenty days, by means of another resolution of the Solicitor’s General,
said Prosecutor’s offices were awarded broader powers “to take up the investigation into any third parties
that may have participated in the facts subject-matter of the investigation.” Order issued by the Office of
the Third Supra -Provincial Criminal Prosecutor on April 21, 2008 (record of evidence, volume VIII,
appendix 18 to the brief of pleadings and motions, page 3018).
192
Cf. Order issued by the Office of the Special Human Rights Prosecutor of May 7, 2008 (record of
evidence, volume VIII, appendix 18 to the brief of pleadings and motions, pages 3011-3013).
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