76 as to whether the remains found and those that could still be in the mine, belong to the victims in this case (supra para. 183). 254. With regard to the alleged lack of due diligence in the capture of Javier Bendezú Vargas and Dennis Wilfredo Pacheco Zambrano, the absent defendants before the National Criminal Chamber of Lima, the Court notes that on December 12, 2006, said Chamber ordered their immediate location and capture. 293 Likewise, on November 9, 2009, it ordered “the re-issuance of national and international warrants for their location and arrest,” noting that Mr. Bendezú Vargas registered his domicile in Lima and Mr. Pacheco registered his domicile in Buenos Aires, Argentina (supra para. 127). On February 6, 2010, the President of the Chamber was informed that international warrants for the location and arrest of the defendants had been issued. 294 Subsequently, in a ruling on February 9, 2012, the National Criminal Chamber set aside the trial of the absent defendants Javier Bendezú Vargas and Dennis Wilfredo Pacheco Zambrano and, consequently, ordered their immediate location and capture at national and international level (supra para. 131). 255. From the evidence it is also clear that the National Criminal Chamber requested the extradition of Dennis Wilfredo Pacheco Zambrano by the judicial authorities of the Republic of Argentina, and that in a decision of September 28, 2011, the Transitional Criminal Chamber of the Supreme Court of Justice declared this request admissible. 295 However, on July 12, 2013, the National Criminal Chamber decided to annul said extradition request. 296 In turn, on October 3, 2012, the National Criminal Chamber requested the extradition of Dennis Wilfredo Pacheco Zambrano from the authorities of the United States of America. 297 In this regard, as reported to the National Criminal Chamber on May 14, 2013, the International Judicial Cooperation and Extraditions Unit of the National Prosecutor's Office submitted a request for his provisional detention for extradition purposes. 298 Likewise, in a letter of July 19, 2013, the National Criminal Chamber asked the Chief of the International Division of Crimes against Life, the Person and Health (DIVIPVCS-OCN–INTERPOL-LIMA) to submit updated and complete information on the current whereabouts of Dennis Wilfredo Pacheco Zambrano. 299 In response, on October 31, 2013, the Head of DIVIPVCS-OCN–INTERPOL–LIMA reported that Dennis Wilfredo Pacheco Zambrano had been living in the United States of America since 2000. 300 256. Furthermore, in a communication dated July 19, 2013, the National Criminal Chamber asked the Chief of the Judicial Police’s Requisition Division to reiterate the order for the immediate location and arrest of Javier Bendezú Vargas. 301 Finally, it is on record that, at least until January 8, 2015, the international arrest warrants for Javier Bendezú Vargas and Dennis Wilfredo Pacheco Zambrano were in effect. 302 257. In relation to the above, the Court notes that in this case the authorities had the obligation to take all the necessary steps to ensure that Javier Bendezú Vargas and Dennis Wilfredo Pacheco Zambrano could be located and subsequently prosecuted. Although this is an obligation of means and not of result, for a period of nearly nine years - that is, from December 2006, when the order to locate and capture the defendants was issued (supra para. 254), to the present date - the State Cf. Brief of June 13, 2007, National Criminal Chamber (evidence file, folio 188). Cf. Report of February 13, 2015 of the National Police of Peru (evidence file, folio 5368). 295 Cf. Resolution of the Transitional Criminal Chamber of the Supreme Court of Justice of Peru of March 11, 2013 (evidence file, folio 4598). 296 Cf. Brief of the National Criminal Chamber of July 19, 2013 (evidence file, folio 4619). 297 Cf. Resolution of the Transitional Criminal Chamber of the Supreme Court of Justice of Peru of March 11, 2013 (evidence file, folio 4598). 298 Cf. Ruling of the National Criminal Chamber of May 14, 2013 (evidence file, folio 4600). 299 Cf. Brief of the National Criminal Chamber of July 19, 2013 (evidence file, folio 4618). 300 Cf. Brief of the Head of DIVIPVCS-OCN–INTERPOL–LIMA of October 31, 2013 (evidence file, folio 4621). 301 Cf. Official letters of the National Criminal Chamber of July 19, 2013 (evidence file, folio 4617). 302 Cf. Report of February 13, 2015, of the National Police of Peru (evidence file, folio 5370). 293 294

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