20 Parties of Democratic Reconciliation, whose mission was to ascertain the situation of Chileans being held in Peruvian jails and prisons. He visited Yanamayo Prison, some 3,800 meters above sea level, to meet with the Chilean citizens incarcerated there. However, he was unable to visit with them because, by law, those convicted of treason had to be held incommunicado for the first year of incarceration. In his conversation with the warden of Yanamayo Prison, the latter explained that prisoners were allowed a half-hour in the prison yard each day and spent the rest of the day confined to their cells, which they shared with two other inmates. The cells were outfitted with sanitary facilities, but had no windows. The witness also testified that the warden had told him that inmates had access to the library. Books for prisoners could be sent to the library, but were censored before being given to them. For economic reasons, medical care was poor. The climate was bad because of the altitude. There were no prison incentives. If inmates disobeyed the rules, they were punished in a variety of ways, one being suspension of their half-hour in the prison yard. The witness testified that while he had seen prisons in other countries, the system at Yanamayo was the strictest he had ever seen. *** VI FACTS PROVEN 86. The Court will now consider the following material facts that the documentary evidence and testimony given in the instant case have established: 86.1 From 1980 to 1994, Peru experienced a terrible social upheaval caused by terrorist violence.20 86.2 DINCOTE is the organ charged with preventing, reporting and combating treason. Suspects may be held on DINCOTE premises for up to 15 days, with the possibility of another 15-day extension. If the investigation so warrants, suspects may be held incommunicado.21 86.3 Jaime Francisco Sebastián Castillo Petruzzi, Lautaro Enrique Mellado Saavedra, María Concepción Pincheira Sáez and Alejandro Luis Astorga Valdez are Chilean citizens.22 20. Cf. Declaration of Lima on Hemispheric Cooperation to Prevent, Combat and Eliminate Terrorism, approved at the Inter-American Specialized Conference on Terrorism, held in Lima in April 1996; the State’s brief of February 9, 1999; the Commission’s final pleading and the State’s final pleading. 21. Cf. Articles 1 and 2.a) of Decree-Law No. 25,744, promulgated on September 28, 1992; articles 4 and 5 of Decree-Law No. 24,150, promulgated on June 8, 1985; Decree-Law No. 740 (amending Article 5 of Law No. 24,150, to regulate relations between the Military Political Command in areas where states of emergency have been declared, and various authorities within its jurisdiction), promulgated on November 8, 1991; Article 12.c) and d) of Decree Law No. 25,475, May 5, 1992. 22. Cf. Birth certificate A7965145, birth certificate A7965144, birth certificate A7965146 and birth certificate 12,874,542, all issued in July 1997, Appendix VI.

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