93
309. Although the publication of this judgment has not been requested, the Court deems it
appropriate to order, as it has done in other cases, 362 that within six months of notification of this
judgment the State publish the following: a) the official summary of this judgment prepared by
the Court, once, in the Official Gazette and in a newspaper with wide national circulation in Peru,
and b) this judgment in its entirety, available for at least one year, on an official website of the
State.
C.4. Guarantees of non-repetition
C.4 (1). Continuous training of the members of the Specialized Forensic Team (EFE)
of the Institute of Legal Medicine and Forensic Sciences of the Public Prosecutor’s
Office
Arguments of the Commission and the parties
310. The Commission requested that the Court order the State to strengthen the judiciary’s
capacity to adequately and efficiently investigate facts and punish those responsible, including the
provision of the material and technical resources necessary to ensure the proper conduct of the
relevant procedures.
311. The representatives asked the Court to order the State to strengthen the criminal
subsystem for the investigation and prosecution of serious human rights violations. On this point,
they specifically requested that the State be ordered to: a) strategically strengthen the relevant
public entities for the purpose of locating and capturing military fugitives from Peruvian justice in
cases of human rights violations, as well as expediting extradition proceedings aimed at bringing
the defendants to trial; b) provide the Institute of Legal Medicine with the necessary human and
logistical resources in order to expedite the procedures of investigation, examination, identification
and delivery of the remains of the victims of human rights violations, so that events such as those
in this case “are not repeated”; c) implement urgent actions to foster an effective and adequate
process of prosecutorial investigation, equipping, adapting and implementing new prosecutors’
offices to form part of the national subsystem in Huancavelica; d) guarantee access to information
and the collaboration of Ministries that are part of the Executive Branch in order to provide the
necessary information for the advancement and continuation of the investigations, such as lists of
military personnel assigned to the military bases that carried out the military operations, and e)
appoint public defenders from the Ministry of Justice for the families of the victims who do not
have legal representation.
312. The State reported that to date it has taken concrete steps to strengthen the investigation
system in relation to forced disappearances. In this regard, the Ministry of Justice and Human
Rights, together with the Institute of Legal Medicine and representatives of civil society, are
preparing a draft bill which aims to comprehensively regulate the national policy for the search for
persons who disappeared during the period of violence from 1980 to 2000, “and thereby achieve
their identification, so that they can be subsequently handed over to their families.” On the other
hand, the State indicated that it has been making improvements within the Specialized Forensic
Team (EFE) of the Institute of Legal Medicine and Forensic Sciences of the Public Prosecutor’s
Office, “the group in charge of carrying out searches and investigations aimed at locating missing
persons.” In this sense, the number of professionals in the EFE has increased and their
specialization was achieved through the gradual adoption of the phases of forensic intervention
and its procedures. According to the State, “[a]ll of this has facilitated the forensic investigations
carried out in recent years in emblematic cases with very good results.” In this regard, it cited the
“Oreja de Perro” and “Cabitos” cases.
Cf. Case of Mémoli v. Argentina. Preliminary objections, merits, reparations and costs. Judgment of August 22, 2013.
Series C No. 265, para. 207, and Case Espinoza Gonzáles v. Peru, supra, para. 318.
362