05 2005 2º fpsp mp fn issued by the regular

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Report No. 05-2005-2º FPSP-MP-FN issued by the Regular Provincial Prosecutor of the Second Supra- provincial Criminal Prosecutors Office on December 2, 2005 (file of appendixes to the brief answering the application, appendix 6, pages 921 and 922). 47 Cf. Report No. 05-2005-2º FPSP-MP-FN issued by the Regular Provincial Prosecutor of the Second Supra- provincial Criminal Prosecutors Office on December 2, 2005 (file of appendixes to the brief answering the application, appendix 6, page 924). 48 Cf . Judgment of January 31, 1990, delivered by the Thirteenth Correctional Court of Lima (file of preliminary objection, merits, reparations and costs, pages 835 to 840. 17
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76. The Court finds that, as a result of a private initiative by the next of kin of Saúl Cantoral-Huamaní, who filed a complaint before the Prosecutor General ( Fiscalia de la Nación ) on May 29, 2001, the State reopened the investigations. However, the Court notes that this did not mean the start of effective investigative measures because, once again, issues of jurisdiction arose among the prosecutors. 49 As of September 5, 2005, more than 15 years after the murders, and more than four years after the complaint filed by the next of kin, the investigations in the case were reopened; they were then, and still are, in their initial stages. 50 The Report of the Truth and Reconciliation Commission 77. Regarding the facts of the case, the Truth and Reconciliation Commission (CVR) devoted a chapter of its Final Report to the Rodrigo Franco Commando. In this chapter the CVR examined several cases in which the Rodrigo Franco Commando took part; they included the death of Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz. 51 In the Report, the CVR stated “that there are sufficient credible elements to affirm that the group calling itself the ‘Rodrigo Franco Commando’ existed in [Peru] as a paramilitary organization” and went on to refer to its formation, organization, and methods of operation. According to the CVR, this paramilitary commando was supported by a small number of police agents, members of GRUDE (the Police Special Operations Directorate Group) and DIRCOTE, acting under the command of the Minister of the Interior. 52 78. In particular, the CVR stated in its Final Report that “information existed for it to be plausibly assumed that individuals who allegedly belonged to this Commando were responsible [...for the] murders of the trade union leader, Saúl Cantoral-Huamaní, and of Consuelo García.” 53 ii) Concerning the State’s responsibility for the acts to which Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz were subjected 49 Cf. Report No. 05-2005-2º FPSP-MP-FN issued by the Regular Provincial Prosecutor of the Second Supra- provincial Criminal Prosecutors Office on December 2, 2005 (file of appendixes to the brief answering the application, appendix 6, page 924).
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  • Summer '17
  • allen dasu
  • The Court, Inter-American Commission on Human Rights, Inter-American Court of Human Rights

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