Senator José Navarro Grau, for his part, issued the following opinion: 

        Since the majority opinion contains detailed information taken from oral and written statements, from visits and proceedings in the capital as well as in the Department of Ayacucho, I shall not enumerate them again and go instead directly to my conclusions. 

        The Chairman of the Committee and its members have been quoted frequently by the press that are carrying the problem that has come to be known as "Cayara" as news or as reading material for various sectors of the public.   This has created some expectations of this investigating committee, which was to come up with one single version of the facts, since there is only one version of the truth. 

        However, despite all the effort and publicity, I cannot honestly say that because there is only one truth, that is what has been discovered.  I have two different and often conflicting versions, one from the forces of order and another from those who have appeared as witnesses to the events. 

        Through their Political-Military Command, the forces of order assert that 18 people died and that all of them were shot in the course of combat.  They demonstrate their assertion by citing Erusco, Cayara, Coshhua and the Pampas river, where those who died in combat were found.  In Erusco they showed the tracks of the fighting that began after an Army vehicle was dynamited.  At the other places, they pointed to other signs to support their assertions.  They presented the officers and troops who participated and had it not been for the existence of another version from the people of Cayara, we could have been content with that version. 

        Those who appeared as witnesses state that these were not combat deaths; in other words, that it was a question of genocide, where the victims were seized, transported and executed with machetes, axes, sickles and stones. They cite a number of details which I need not repeat here, since they are recounted in the other opinions. 

        The disappearance of the bodies makes it impossible to confirm whether or not these people died from bullet wounds.  Because the two versions are completely different as to how their deaths occurred, if only a few of the bodies were found, it would be possible to know which version is the truth.  A congressman whose fact-finding mission is temporary, only for as long as the investigation lasts, cannot say which of the two parties is telling the truth. 

        On the one hand, the political-military command performs its functions by a mandate of the Constitutional Government and must do so according to the principles of the Constitution.  It is not there of its choosing, but because of the presence of subversive groups that want power to govern by their own rules, different from the rules contained in our 1979 Constitution.  Since the struggle is an armed one, it is inevitable that there should be dead and wounded.  On the other hand, the people of Cayara and the surrounding areas have not just moved into the area as a subversive movement; instead, they have lived there for generations.  One cannot argue that their presence constitutes proof of subversion, therefore, since they find themselves caught between two forces that expect information and support from them; it is understandable why they are mistrustful and introverted.  Unfortunately, these people are always victims:  whether the casualties be members of the forces of order or of the subversive forces, it is always possible that either one or the other will pressure and even punish, in various ways, these Andean communities.  Thus, the action of either of these two parties may ultimately produce conflicting testimony. 

        The fact that genocide has been committed in years past leads one to suspect that this is yet another case.  The fact that a captain was killed when the Army truck was blown up leads one to suppose that the reaction must have been swift and hard against the authors; so if in the past innocent people were accused and punished for much less serious matters, the same may have happened in this case. 

        On the other hand, the fact that the world was told that there were over 100 deaths and that the killing continued and that the bodies were being left to birds of prey and wild animals and the fact that not one witness cited these figures or these details in his or her charges, lead one to suspect that an attempt has been made here to create a new spectacle, one ultimately intended to weaken the system and the forces of order.  The figure of 100 deaths, at least, turned out to be a fiction in comparison to the number of people who were not located and who were townspeople who died under the circumstances that each version describes. 

        When a fact-finding commission of this nature and for a specific time period must conclude its business, the result may be an inconclusive report, as in this case.  In other words, it is impossible to say that these excesses did not occur, though it is also impossible to say that the effects and characteristics of the excesses are as described in the denunciations.  Cayara did not appear to have been looted; only 7 of its 400 houses had been burned.  When the committee visited Cayara, it was somewhat abandoned. 

        I understand what is happening; the people are afraid, many are suffering terribly.  In the end, we can become confused.  I am thus unable to contribute anything new to the Senate and to those who, as members of the judicial branch of government, must find the truth that I was unable to find.  Having discharged my mission, my duties as a Congressman require nothing further of me. 

IV.     CONCEALMENT AND OBSTRUCTION OF THE ADMINISTRATION OF JUSTICE 

        The authors of such grave events as those that began on May 14, 1988, in the Cayara district, took a number of steps to erase the evidence of their guilt and to obstruct the investigations being conducted by the Attorney General's office, and provided a version of the facts that blamed other persons or groups for what happened. 

1.       Destruction of evidence 

        To make it impossible to determine what actually happened and the identity of the authors, military personnel cleaned away the bloodstains in the Cayara Church where they had killed the persons mentioned under Point II.B.3. 

        The military personnel also removed the bodies of the persons killed at the entrance to Cayara, in the church, in Ccechuaypampa and, later, those of the individuals arrested on May 18 and 19, who were buried on Mount Pucutuccasa. 

        The elimination of evidence is an integral part in forced disappearance of persons, in this case used against two persons in the vicinity of Ccechuaypampa around May 16, 1988, and the five persons arrested on June 29, 1988 (fact II.B.7.). 

        Another means used to make it impossible to ascertain the facts and identify their authors was to physically eliminate witnesses, a method used in the events described in this complaint under points II.B.7, 8 and 9. 

2.       Obstruction of justice 

        As the authors of these events were beginning to erase any evidence of their actions, they were also obstructing the investigations being conducted both by the press and by the Attorney General's office and the Judiciary.  What follows is a list of the most significant measures designed to obstruct these inquiries: 

a.     In the highly militarized zone under the control of the Army, shots were fired from a hillside against the group accompanying the Provincial Judge of Cangallo; the military personnel refused to continue to accompany them, which prevented the group from conducting the proceedings on May 20, 1988, to identify the bodies at Ccechuaypampa (Point II.B.4.). 

b.     On May 19, the Special Prosecutor requested that the Army provide the transportation facilities offered by the Executive Power but received no cooperation.  When the Special Prosecutor attempted to reach Cayara overland, he was delayed by the Army at Cangallo on May 20.  The next day, the Army again delayed the Special Prosecutor, this time at Huancapi and did not allow the technical experts accompanying the group to continue on to Cayara, thereby making it impossible to conduct the exhumation, identification and autopsy of the bodies. 

c.     The Special Prosecutor again requested that the Army supply a helicopter for his trip to Cayara on May 24; he was not supplied that helicopter until May 26, the day after, witnesses stated, the soldiers removed the bodies from Ccechuaypampa. 

d.     The difficulties encountered in trying to get an identification of the hand skin found in one of the graves at Ccechuaypampa, which the Special Prosecutor believed was that of Eustaquio Oré Palomino, as follows: 

        i)      The report of the experts appointed by the police indicated that they were able to fingerprint only the ring finger, because the rest of the skin had decomposed.  Prosecutor Escobar, who had seen for himself that the skin had not decomposed, ordered the commandant to conduct another examination in his presence.  In that examination, the prints of the five fingers were taken. 

        ii)      When sent to the Investigating Police, the latter reported that the fingerprints were not those of Eustaquio Oré Palomino.  Delving further, it was established that this person was 18 years of age and as such had a police card that was registered when the individual turned 18.  On the other hand, the person whom witnesses said had died was 17 years of age and therefore could not have had a card on file with the police. 

        iii)     However, the Prosecutor was informed that the disappeared person had registered with the military, and that the military should have his identification card and fingerprint on file.  When a search was ordered, the card was found, but the fingerprint had too much ink to make any comparison possible.  Therefore, Prosecutor Escobar asked the Attorney General to compare the print with another copy of the card kept on file in Lima, on the assumption that if one copy had so much ink, the other one might be legible.  There is no information as to whether or not the Attorney General took this measure. 

e.     The Special Prosecutor requested that the Army provide him with a helicopter to conduct the exhumation of the bodies found on Mount Pucutuccasa.  When the helicopter was not provided, the Special Prosecutor, the deputy in the Office of the Special Prosecutor, the Provincial Judge of Cangallo and the Court Secretary travelled to the place in two police vehicles.  Since they did not have the helicopter requested, they were only able to remove one body from the grave, that of Jovita García, which later disappeared from the Cangallo cemetery after having been identified by her family. 

f.      The Special Prosecutor returned to Huamanga, Ayacucho, on August 10, by truck from Erusco, following the exhumation.  The next day, August 11, the Special Prosecutor telexed a request to the Attorney General that he intercede with the joint command of the Armed Forces to provide the Special Prosecutor with helicopter transport; the telex was sent again the following day.  Despite that request and despite the order from the highest levels of government and from the Attorney General that the Special Prosecutor be given every possible cooperation in his work, the Army did not provide him with that helicopter.  Because of that, the Special Prosecutor had to obtain overland transport and conducted the proceeding by travelling overland and then on foot on August 18, as stated in the corresponding record.  As indicated in this complaint, under Point II.B.6., by that time the other three bodies on Mount Pucutuccasa had already disappeared. 

g.     On September 21, 1988, in an official communication that the Special Prosecutor received on October 3, while he was still conducting important inquiries to clarify the facts, the Superior Criminal Prosecutor, Dr. Pedro Méndez Jurado, ordered the Special Prosecutor to prepare the final report on his investigation.  As indicated earlier, the Special Prosecutor delivered his report on October 13, wherein he concluded that criminal proceedings should be instituted against General José Valdivia Dueñas as the principal responsible party in these events.  On November 11, 1988, the Attorney General of the Nation sent the files to the Provincial Prosecutor of Cangallo to expand the investigation.  Twelve days later, the Cangallo Prosecutor decided not to file criminal charges and temporarily filed the case.  The sequence of events and their nature clearly point to the fact that their purpose was to prevent any court action in these events.  This impression is reinforced when one considers the measures exercised throughout the investigations in connection with witnesses. 

h.     During the course of the inquiries conducted by the Special Prosecutor in Cayara on May 21, 1988, after being delayed by the Army in Huancapi, and on May 26, he was able to observe the pressure brought to bear against witnesses by Army personnel, whose faces were covered with ski caps.  He made particular note of the conduct of the officer in command of the military troops, who was known as "Captain Palomino"; he photographed him, as explained in Point II.B.6.  This pressure must be considered together with the fact that there was never any response to the Special Prosecutor's request that the identity of "Captain Palomino" be revealed, even though the corresponding photograph was provided to the military authorities for that purpose. 

i.      The pressure on the witnesses is especially obvious during the course of the expanded inquiry conducted by the Provincial Prosecutor of Cangallo, during which the testimony was taken inside the Huancapi Military Garrison.  When witness Delfina Pariona Palomino (wife of Alejandro Echeccaya, whose body was identified -according to the record- at Pucutuccassa), expanded her testimony in the presence of the Provincial Prosecutor of Cangallo, she stated that she had not seen her husband since May 15 when he had gone off with the subversives in the direction of Muyupampa.  This statement contradicts her original statement, which was corroborated by the statement made by the widow of Samuel García Palomino, who said that she and Delfina Pariona went to the grave and found the body of Alejandro Echaccaya.  It also should be noted that Delfina Pariona had left her fingerprint on the complaint that 19 campesinos from Erusco filed with the Office of the Special Prosecutor for Disappearances, wherein they state that the Army had pressured them to state that terrorists had taken Jovita García. 

        As for the witness Maximilana Noa Ccayo, in her expanded testimony in the Huancapi military garrison in the presence of the Provincial Prosecutor of Cangallo, she appears to be retracting the statements she made in the presence of the Special Prosecutor (Section EIGHT of the Report from Prosecutor Granda).  However, Maximiliana Noa Ccayo, who is illiterate, had testified before Prosecutor Escobar on May 22 and had said that she was in Cayara on May 14, with her daughter Delia Ipurre Noa, and that they confirmed the death of Ignacio Ipurre Suarez, wife and father, respectively, of the two women (see statement under Evidence No. 7, point II.B.4).  In effect, Delia, a minor with an elementary education, speaks Spanish and had testified separately in the presence of Prosecutor Escobar that she had been with her mother that day, May 14, and had seen the soldiers kill her father.  This corroborates the original statement made by witness Maximiliana Noa, and adds yet another element from which to infer that the expanded testimony given in the presence of Prosecutor Granda, under the pressure of being inside the military garrison and after a number of witnesses had been killed, was false. 

        The same can be said with regard to the witness Teodora Apari Marcatoma de Palomino, who, in her expanded testimony before Prosecutor Granda, appears to say that she was not in Cayara for that entire period, but rather in Ica until June 15, and that she had not seen what the military did; she denied having made any statement to Prosecutor Escobar.  The Inter-American Commission has been informed that:  a)  the testimony of Teodora Apari in the presence of Prosecutor Escobar on May 22, was taped by the parliamentarians who were present at the time; and b) she testified again in the presence of the Provincial Judge, on June 11, indicating the place where soldiers had cut off her husband's head, pointing out the area and gathering blood-stained soil from the site, evidence that Prosecutor Escobar sent to the laboratory where experts concluded that it was human blood (See Escobar Report where it mentions the existence of photographs of this witness at the time she was removing the blood-stained soil).  This is another case of testimony retracted under duress. 

3.       Elaboration of self-serving versions 

        The measures taken to conceal the authorship of these events include the preparation of accounts designed to provide justifications for the action undertaken, to blame other agents and to discredit the work of those whose conclusions differ. 

        It is possible to discern certain basic lines, both in the Army's versions and in the majority opinion of the Senate Investigating Committee.  While it is acknowledged that an undetermined number of deaths occurred, it is alleged that these deaths occurred during the course of armed confrontation, both in Erusco and later in Cchechuaypampa.  At a time when the Army had already established complete control over Cayara, Erusco and surrounding areas, and had even set up a military base in the school, these accounts claim that subversive groups removed all of the bodies to prevent them from being identified and that subversives kidnapped Jovita García, Alejandro Echeccaya and Samuel García Palomino and caused them to disappear, again at a time when the military was in full control of the area.  The military versions and the majority report of the Senate Committee say that Jovita García was the Army informant who wrote the anonymous letter.   Even though the letter was written by "un patriota legal" [a true patriot] who asked that "el nombre del portador" [the name of the bearer] (the masculine gender is used in the Spanish) not be revealed. 

        The self-serving versions also contend that any opinions contrary to their own are calculated to discredit the armed forces and thwart the anti-subversive effort.  Thus, for example, the majority opinion of the Senate Investigating Committee elaborates upon the argument contained in the report filed by General Valdivia with the Provincial Prosecutor of Cangallo concerning the illegal and politically motivated conduct of the Special Prosecutor, adding an attack against the professional ethics of the interpreter. 

        This argument and the political maneuvering that it triggered, led to the replacement of Prosecutor Escobar by Prosecutor Granda, whose decision to temporarily file the case was based on testimony whose credibility has already been brought into question in this complaint, because it deviated from the original version, was given inside an Army garrison, after a number of witnesses had already been pressured to alter their testimony and others had been detained, killed or disappeared. 

V.      THE PROOF

 

1.       Documentary evidence 

        The Inter-American Commission on Human Rights bases the assertions contained in this complaint on the evidence contained in the eight Appendices that are attached hereto and on the documentary evidence that is offered in connection with each specific fact (points II.B.1, 2, 3, 4, 5, 6, 7, 8 and 9). 

2.       Testimonial evidence 

        The Inter-American Commission on Human Rights believes that the Inter-American Court of Human Rights should take testimony from the following persons: 

2.1.   Dr. Carlos Enrique Escobar Pineda
2.2.   Dr. Raúl Ferrero
2.3.   Monsignor Augusto Beuzeville
2.4.   Senator Javier Diez Canseco
2.5.   Senator Gustavo Mohme Llona
2.6.   Dr. Augusto Zúñiga
2.7.   General Jaime Enrique Salinas Sedó
2.8.   Dr. Hugo Denigri Cornejo. 

        Taking into account the fact that during the course of the investigations conducted in Peru into the facts that are the subject of this complaint, certain witnesses have been physically eliminated while others have been subjected to pressure to force them to change their original testimony, the Inter-American Commission on Human Rights believes that the Inter-American Court must establish a method by which to take a body of testimony in such a way that the personal safety of the witnesses and the integrity and accuracy of their testimony are guaranteed.  Since the method to be used must take into account the specifics of each individual's unique situation, the Inter-American Commission offers its services to the Inter-American Court to provide it with the specifics required in each case, which should be taken into account when receiving each body of testimony.  The names of the witnesses would be reported to the Court once the method described herein has been established. 

3.       Request for documentation 

        The Inter-American Commission on Human Rights is petitioning the Court to require the following documents of the Government of Peru: 

3.1.           The proceedings upon which the Report of the Senate Investigating Committee was based

3.2.           The files upon which the Report of the Office of the Army Inspector General on the facts that are the subject of this complaint was based.

3.3.           The proceedings conducted in the Military Courts that led to the dismissal of the case involving the events that are the subject of this complaint.

3.4.           Investigations Nos. 476 and 477 of the Special Prosecutor, concerning complaints of the disappearances of relatives of the victims of fact II.B.7. 

VI.     LEGAL GROUNDS 

        The Inter-American Commission on Human Rights has processed the instant case in accordance with its Regulations and the pertinent provisions of the American Convention on Human Rights, of which the Republic of Peru is a State Party and has recognized the compulsory jurisdiction of the Inter-American Court of Human Rights on January 21, 1981. 

        In submitting the present complaint, the Commission is acting under the provisions of Article 50 and 51 of the American Convention, after having analyzed the submission presented by the Government of Peru on May 27, 1991, the led to Resolution 1/91 concerning Report 29/91, which documents are attached to the present complaint.  It has also taken into account the fact that the Government of Peru reiterated its positions on January 11, 1992.  The Inter-American Commission on Human Rights, therefore, is proceeding pursuant to the provisions of Article 63.1 of the Convention and is requesting that the Inter-American Court fix the amount appropriate for payment of a "fair compensation to the injured party." 

        As for the exhaustion of domestic remedies, suffice it to say that the matter is thoroughly examined in Report 29/91 and in Chapter III.1. of this complaint on the measures taken by the office of the Attorney General. 

        The specific facts set forth in this complaint involve multiple violations perpetrated by agents of the Peruvian State, violations of provisions of the American Convention on Human Rights as indicated in point I concerning the purpose of the complaint.       

        As for forced disappearance,  it should be noted that the Commission, the literature, the practice of other international human rights organs, the General Assembly of the Organization of American States and recently the jurisprudence of the Inter-American Court of Human Rights has qualified it as a crime against humanity (Velásquez, paragraphs 151-153; Godínez, paragraphs 159-161).  As has been noted, disappearance is a multiple and continual violation of essential legal rights protected under the American Convention on Human Rights that the states parties, voluntarily and in good faith, have pledged to respect and guarantee (Velásquez, para. 155; Godínez para. 163). 

        The Commission concurs with the Court where it states that the forced disappearance of persons is one of the most serious violations of human rights that a State Party to the Convention can commit, since it represents "... a radical departure from this treaty, inasmuch as it implies a crass abandonment of the values that emanate from human dignity and of the principles that lie at the very foundation of the inter-American system and this Convention"  (Velásquez, para. 158; Godínez para 166). 

        Forced disappearance of persons begins with the victim's illegal detention by agents of the State, who normally operate in full daylight.  The victim is taken to some secret place or irregular detention center.  To relatives and authorities in charge of the investigation, those agents systematically deny the very fact of the detention, the condition of the victim and his/her final whereabouts.  The lack of a formal acknowledgement of the illegal detention allows the agents of the State to operate with total impunity, beyond the boundaries of any jurisdictional control.  That situation obtains in the case under examination by virtue of the regulations governing states of emergency in Peru, which give the chiefs of the political-military commands extraordinary powers.  This unlawful deprivation of freedom constitutes a flagrant violation of Article 7 of the American Convention, which protects the right to personal liberty. 

        In the instant case, as established in the description of the specific facts (Section II.B. 3, 4, 5, 6 and 7), members of the Peruvian Army made a number of unlawful arrests in a succession of operations that began on May 14, 1988, and ended on June 29 of that year. 

        The Commission's experience and the characteristics of the instant case confirm that once in captivity, the victim of an unlawful privation of freedom under the conditions herein described, is tortured and subjected to cruel, inhuman and degrading punishment by agents of the State.  This constitutes a violation of Article 5 of the American Convention, which recognizes every person's right to physically, psychologically and emotionally humane treatment.  In the case being submitted to the Court, the testimony presented in evidence in support of facts II.B. 3., 4 and 5 recount the torture of the victims in those incidents. 

        The legal remedies, especially habeas corpus, which would have been the proper remedy to determine the whereabouts of the person and protect the rights of one detained, are ineffectual, which in itself constitutes a violation of judicial guarantees (Article 8) and the right to judicial protection (Article 25) recognized in the American Convention. 

        In the case presented in this complaint, the arbitrary arrests and torture were followed by the summary execution of the victims mentioned in the specific facts II.B.1, 3, 4, 6, 8 and 9, which constitutes a grave violation of the right to life recognized in Article 4 of the American Convention on Human Rights.  Two victims of specific fact II.B. 4 and the victims of fact II.B. 7 likely met with the same fate.  This involves seven victims whose situation, strictly speaking, is enforced disappearance, since unlike the other cases, their death has not yet been established. 

        It should be pointed out that in the instant case, presented to the Inter-American Court, the Government of Peru, through the actions of its agents, not only has failed to respect and guarantee the exercise and the rights of the victims in accordance with Article 1.1 of the American Convention, but those agents have executed a number of actions to obstruct the administration of justice and make it impossible to identify the authors of these specific facts.  Thus, witnesses and/or relatives of victims have been eliminated and threatened, consciously and deliberately; the bodies of the persons executed have been removed; evidence has been destroyed, cover-up operations have been conducted, judicial investigations have been obstructed and the individual who attempted to conduct an independent investigation was threatened and ultimately severed from service with the State and forced to seek refuge abroad.  The other objective of all this has been to conceal the whereabouts of the victims and erase the crime from the public's memory. 

        Finally, the Commission must point to the violations committed by members of the Peruvian Army against public and private property belonging to some of the victims in this case.  As recounted under Fact II.B. 2, agents of the Peruvian State destroyed movable and immovable property belonging both to the State and to private parties.  This constitutes a violation of Article 21 of the Convention, which makes it incumbent upon the Peruvian State to protect the right to private property. 

        The facts in this case reveal that the Peruvian State has international responsibilities that follow from the violation of its obligations under the provisions of the American Convention.  In effect, Article 1.1 of the Convention provides that every State Party undertakes the obligation to adopt whatever measures are needed to ensure juridically, to all persons within its jurisdiction, the effective enjoyment of the rights recognized in the Convention.  As a result of this obligation, the State must prevent and investigate violations of the human rights recognized in the Convention; try and punish those responsible for those crimes; inform the family of the whereabouts of persons who have disappeared and indemnify (when it is impossible to restore the victim in the exercise of his or her rights) for any damages caused by the human rights violations committed by agents of the State (Velásquez paragraph 166; Godínez paragraph 175). 

        The background information submitted by the Commission, the attached evidence and those that it will submit to the Court at the appropriate time, demonstrate that the case submitted to the Court caused a public commotion in Peru to the point that the President of the Republic at that time, Dr. Alán García Pérez, visited the scene of the events and publicly pledged to have them fully clarified.  The Peruvian press gave extensive coverage to the work of the Commission of Notables and the Senate Investigating Committee, and to the frustrated judicial investigation of the Special Prosecutor, Dr. Carlos Escobar.  However, almost four years have passed since this massacre was committed and, despite efforts made by some Peruvian authorities and the Commission, there are still no remains of the disappeared victims nor of the bodies of those executed, nor has anyone been convicted or even indicted for the crimes committed in connection with these events. 

        The Commission will prove to the Inter-American Court of Human Rights that the Peruvian State has not made any serious attempt to investigate these facts, punish those responsible, adopt the measures necessary to prevent crimes of this nature in the future and compensate the victims and/or their families for the damages suffered.  The passive attitude demonstrated by the Peruvian State vis-à-vis a massacre of such proportions, combined with the concealment, obstruction of justice and elimination of evidence by its agents, proves that the Peruvian State has violated its obligation to guarantee the free exercise of the fundamental rights upheld in the Convention, in accordance with Article 1.1 of the American Convention, of which Peru is a State Party. 

VII.   CONCLUSIONS 

        In submitting the instant case to the Inter-American Court of Human Rights, the Inter-American Commission on Human Rights reiterates that it is convinced that the Peruvian State is internationally accountable for the violations of the rights recognized in articles 4, 5, 7, 8 and 25 of the American Convention on Human Rights, committed by members of the Army against persons under the jurisdiction of the Peruvian State, during the course of events that began on May 14, 1988, in the district of Cayara, Province of Víctor Fajardo, Department of Ayacucho and that culminated on September 8, 1989. 

        The Inter-American Commission on Human Rights is equally convinced that the Peruvian State has failed to honor its obligations under the provisions of Article 1.1 of the American Convention on Human Rights, inasmuch as it has not adopted measures to guarantee the exercise of the rights recognized in that international instrument; instead, its agents have systematically attempted to obstruct a clarification of the facts and identification of those responsible.  As a result, the grave violations set forth in this action go unpunished and the very institutions of the State charged, under the National Constitution, with safeguarding the rights of the inhabitants of Peru and investigating and punishing those responsible for violations of human rights have been adversely affected.  It has thus committed acts classified as crimes under Peru's domestic laws.

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