31 Tarqui, Fidel Gino Eusebio Huaytalla, and Dennis Wilfredo Pacheco Zambrano) were classified as defendants in 108 default. 166. At December 23, 2010, the criminal proceeding against Oscar Alberto Carrera González and the 109 other absent defendants was at the oral proceedings stage and testimony was being heard. Proceeding Initiated by the Huancavelica Supra Provincial Criminal Prosecutor's Office in 2008 167. Based on the judgment issued by the National Criminal Chamber on March 4, 2008, that same year (2008) the Huancavelica Supra-Provincial Criminal Prosecutor’s Office opened an investigation into Simón 110 Fidel Palante for the crime of genocide to the detriment of Francisco Hilario Quispe and 14 others. 168. In 2008 and 2009, Statements were taken from a number of relatives of the victims. 111 169. From March 1 to 8, 2010, an exhumation was conducted to recover the remains and determine if they belong to the victims at Misteriosa mine, where fragments, bone remnants, explosive materials and 112 projectiles were found. On July 23, 2010, the report of the forensic anthropology expert was sent to the Chief of the Forensic Investigations Laboratory for the Judicial Districts of Ayacucho and Huancavelica. 170. From September 20 to 22, 2010, blood and saliva samples were taken from the next-of-kin of the victims for the purposes of DNA analysis; and subsequently, witness Statements were obtained from other 113 members of the Escorpio patrol. 171. On April 28, 2011, the IACHR requested the State for a copy of the principal procedural documents in the criminal, disciplinary, and administrative proceedings, none of which have been forthcoming to date. B. Considerations as to Law 1. General Considerations on Forced Disappearance of Persons 172. In its consistent case law on cases of forced disappearance of persons, the inter-American system for protection of human rights has reiterated that it constitutes an illegal act that gives rise to a multiple and continuing violation of several rights protected by the American Convention and places the victim in a State of complete defenselessness, giving rise to other related crimes. The State’s international responsibility is increased when the disappearance forms part of a systematic pattern or practice applied or tolerated by the State. In brief, it 108 Appendix 41. Official letter 042-06-SPN of August 23, 2010, National Criminal Chamber. Appendix to the State’s brief of September 2, 2010. 109 Appendix 42. Report of the Records Clerk to the Coordinator of the National Criminal Chamber, Case 42-06, December 23, 2010. Appendix to the State’s brief of January 10, 2011. 110 Petitioners’ brief of October 5, 2010, p. 3. Not contested by the State. 111 Petitioners’ brief of October 5, 2010, p. 3. Not contested by the State. 112 Appendix 43. Procedure to Recover Human Bone Remains of March 1, 2010, signed por Juan Manuel Borjas Rosa, Supra-Provincial Criminal Prosecutor, Huancavelica Judicial District. Appendix to the State's brief of March 21, 2011; and Appendix to the petitioners’ brief of October 5, 2010, p. 3. 113 Petitioners’ brief of October 5, 2010, p. 3. Not contested by the State.