42
his preliminary statement. On the other hand, there was a certified copy of the birth certificate
of the accused Simón Fidel Breña Palante issued by the National Registry of Identification and
Civil Status, in which his date of birth was given as August 13, 1973. Given that this certificate
was the result of an administrative process of extemporaneous registration in 2012, the National
Criminal Court decided that:
Although the certificate in question does not provide the Court with complete certainty as to the appellant's
date of birth, since there are documents that contradict the year in which he was born, the fact is that it is [..]
a valid public document, obtained through a regular administrative process, which necessarily demands
compliance with certain requirements, as established in the rules on the matter, Therefore[,] the consequences
that may be generated by said birth certificate must be complied with in a mandatory manner since, being the
result of an administrative process, it enjoys constitutional legitimacy, even more so if its validity has not been
questioned by the competent authority. Consequently[,] since it is a valid document, the true date of birth of
the appellant must be considered to be the one stated in said document.
136. In the decision of February 22, 2013, the National Criminal Chamber ordered the certified
copies of the documents mentioned in the resolution of the criminal proceeding to be sent to the
Provincial Criminal Prosecutor’s Office of Lima, in order to initiate the investigations and rule out
a possible criminal act. 148 This resolution was not challenged; therefore, on March 18, 2013, it
was decided to annul the police and judicial records that had been generated against Simón Fidel
Breña Palante and to annul the arrest warrants and orders to prevent him from leaving the
country. 149 Finally, on February 21, 2014, the Provincial Criminal Prosecutor’s Office of Lima
referred the preliminary investigation initiated to the Provincial Criminal Prosecutor’s Office of
Huancavelica due to the extemporaneous registration of Simón Fidel Breña Palante before the
National Registry of Identification and Civil Status in 2012. 150 No further information is available
in this regard.
F. Proceedings related to the search, recovery and identification of human skeletal
remains in the abandoned “Misteriosa” or “Vallarón” mine (Supra-Provincial Criminal
Prosecutor’s Office of Huancavelica - File No. 2008-61-0)
137. The Court is unclear as to the number of proceedings carried out in the search for and
recovery of the human skeletal remains found in the abandoned "Misteriosa" or "Vallarón" mine.
From the body of evidence in this case, it appears that, between 2009 and 2011, various
proceedings were carried out, which are described in this section.
138. The evidence shows that on October 23, 2009, a search and inspection procedure was
carried out at the abandoned “Misteriosa” or “Vallarón” mine, during which a presumed grave
was found inside the mine. It was recommended that the corresponding archaeological
intervention be carried out between April and October to avoid the rainy season. 151 However, it
was not until November 16 to 18, 2009, that steps were taken to recover the human skeletal
remains from the mine, with the demarcation of four excavation units identified as A, B, C and
D from the external part to an inner section of the mine. Evidence was recovered from the
exterior section, consisting of a skull fragment of a species to be defined, fragments of colored
clothing, and some cable that appeared to be a slow dynamite fuse, which was taken to the
Forensic Investigation Laboratory in Ayacucho. In addition, a complete forensic archaeological
intervention was recommended at the site. 152
148
Cf. Ruling of February 22, 2013 of the National Criminal Chamber of the Supreme Court of Justice (evidence
file, folios 4590 to 4596).
149
Cf. Ruling of March 18, 2013 of the National Criminal Chamber of the Supreme Court of Justice (evidence file,
folio 5456).
150
Cf. Decision of February 21, 2014 of the Provincial Criminal Prosecutor’s Office of Lima (evidence file, folio
5461).
151
Cf. Expert Report of October 23, 2009 (evidence file, folios 5548 to 5550).
152
Cf. Expert Report No. 20090014 on procedures, November 16-18, 2009 (evidence file, folios 4324 to 4329).