القاعدة ذات الصلة
Peru
Practice Relating to Rule 117. Accounting for Missing Persons
Peru’s IHL Manual (2004) states: “Each party to the conflict must endeavour to trace persons reported missing by an adverse party, which must provide all the relevant information on the missing persons in order to facilitate the search.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 68.a.
The manual further states:
As soon as the tactical situation permits, local area commanders should cooperate with the civilian authorities, with a view to restoring normal conditions for the population. This involves carrying out the following activities.
a. Emergency cooperation
The purpose of emergency cooperation is to save lives by:
(1) searching for victims and missing persons;
Cooperation can be spontaneous and organized locally at the lowest command levels, with the assistance, both at sea and on land, of civilians and civilian organizations, such as the components of the International Red Cross and Red Crescent Movement. 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 69.a.(1).
Peru’s IHL and Human Rights Manual (2010) states: “Each party to the conflict must endeavour to trace persons reported missing by an adverse party, which must provide all the relevant information on the missing persons in order to facilitate the search.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 69(a), p. 269.
The manual also states:
As soon as the tactical situation permits, local area commanders should cooperate with the civilian authorities, with a view to restoring normal conditions for the population. This involves carrying out the following activities.
a. Emergency cooperation
The purpose of emergency cooperation is to save lives by:
(1) searching for victims and missing persons;
Cooperation can be spontaneous and organized locally at the lowest command levels, with the assistance, both at sea and on land, of civilians and civilian organizations, such as the components of the International Red Cross and Red Crescent Movement. 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 70(a), p. 269.
Peru’s Directive on Investigations of Sites where Human Remains Were Discovered (2009) states:
II. Objective
Updating the norms and guidelines which regulate the investigation process of the Office of the Public Prosecutor as regards sites where human remains have been discovered and the search for persons who disappeared in Peru. 
Peru, Directive on Investigations of Sites where Human Remains Were Discovered, 2009, Article II.
The directive also states:
After the existence of a site where human remains are presumed has been brought to the attention of the prosecutor responsible for the area where the burial site is located, the prosecutor shall immediately initiate the investigation of the case, taking the present directive as guidance. 
Peru, Directive on Investigations of Sites where Human Remains Were Discovered, 2009, Article 1.
The directive further states:
The forensic investigation comprises the following stages:
1. Preliminary Forensic Investigation which includes the analysis of the files and the formulation of a working hypothesis that is briefly coordinated with the prosecutor in charge.
2. Location, evaluation and registration of the presumed site where human remains and associated elements have been located.
3. Recovery of the human remains and associated elements.
4. … [T]he safety of the recovered evidence (safekeeping).
5. Forensic analysis of the human remains and associated evidence in a laboratory.
6. Analysis of the ante-mortem and post-mortem information with a view to identifying the body or bodies.
7. Genetic analysis of the human remains to identify family members.
8. Drafting of the final forensic report which must be comprehensive. 
Peru, Directive on Investigations of Sites where Human Remains Were Discovered, 2009, Article 8.
According to the Report on the Practice of Peru, during the international armed conflict between Peru and Ecuador in 1995, Peru carried out search and rescue operations to recover missing Peruvian aircraft crews. 
Report on the Practice of Peru, 1999, Chapter 5.2.
Peru’s IHL and Human Rights Manual (2010) states: “Each party to the conflict must endeavour to trace persons reported missing by an adverse party, which must provide all the relevant information on the missing persons in order to facilitate the search.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 69(a), p. 269.
Peru’s Directive on Investigations of Sites where Human Remains Were Discovered (2009) states:
Any preliminary forensic information, specific information obtained during the recovery of the bodies and their associated evidence, as well as information gathered during the laboratory analysis – which includes genetic information – shall be registered in an information management system, namely the Pre-Mortem/Post-Mortem Database of the International Committee of the Red Cross. 
Peru, Directive on Investigations of Sites where Human Remains Were Discovered, 2009, Article 32.
Peru’s IHL Manual (2004) states: “The families of the victims of armed conflicts have the right to know what has happened to them, and the victims have the right to receive news from their family.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 85.a.
Peru’s IHL and Human Rights Manual (2010) states: “The families of the victims of armed conflicts have the right to know what has happened to them, and the victims have the right to receive news from their family.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 76(a), p. 274.
In 2004, in the Genaro Villegas Namuche case, Peru’s Constitutional Court found:
Besides having a collective dimension, the right to know the truth has an individual dimension. The holders of this individual right are the victims, their relatives and persons close to them. The right to know the circumstances in which human rights violations were committed and, in the case of death or disappearance, to know the fate of the victims, shall not be subject to a statute of limitations. Persons directly or indirectly affected by a crime of this magnitude shall always have a right to know, amongst others, who committed the crime, when, where, how and why the victim was executed, and the location of his or her remains, even if much time has passed since the commission of the crime. 
Peru, Constitutional Court, Genaro Villegas Namuche case, Case No. 2488-2002-HC/TC, Judgment of 18 March 2004, § 9.
In 2004, in its fourth periodic report to the Committee against Torture, Peru stated:
263. The judgment of the Constitutional Court in a case of forced disappearance of persons stands out in particular. In the Court’s ruling (Order No. 2488-2002-HC/TC) of 18 March 2004 regarding Mr. Genaro Villegas Namuche, a victim of forced disappearance, the right to truth was recognized as a new fundamental right. Thus, although it is not expressly recognized in Peru’s Political Constitution, the right to truth is fully protected, arising in the first place from the State’s obligation to defend fundamental rights and from the protection of the courts. Nevertheless, the Constitutional Court considered that, wherever reasonably possible and in special and unprecedented cases, implicit constitutional rights must be developed so as to allow better protection of and respect for human rights, since this will help strengthen democracy and the State, in accordance with the terms of the current Constitution.
264. In the considerations to which the judgment refers, the Court establishes the limits of application of the right to truth. According to the Court, the right is two-dimensional, being both collective and individual. …
265. Alongside … [the] collective dimension, the right to truth has an individual dimension, whose beneficiaries include victims, their families and their relatives. It resides in the knowledge of the circumstances in which human rights violations were committed and, in the event of decease or disappearance, of the fate which befell the victims as such, a knowledge that cannot be subject to time limitation. It must be remembered that the right of victims and their relatives is not limited to obtaining economic reparation, but also includes the need for the State to undertake an investigation into the facts, considering that a full knowledge of the circumstances of each case is also part of a form of moral reparation which the country and in the event the victims require for their enjoyment of democracy.
273. The forced disappearance of persons was a practice used systematically in Peru during the internal armed conflict which the country experienced during the decade of the 1980s and the beginning of the 1990s, as a consequence of the activities of terrorist groups and of the State’s response to subversion. 
Peru, Fourth periodic report to the Committee against Torture, 27 May 2005, UN Doc. CAT/C/SR.697, submitted 15 November 2004, §§ 263–265 and 273.
[emphasis in original; footnote in original omitted]