19 handle cases of this type are threatened, intimidated and even prosecuted for serving as defense counsel to the accused. b. Testimony of Grimaldo Achaui Loaiza, defense counsel for Mr. Jaime Francisco Castillo Petruzzi The crime of treason should apply to aliens only “under special circumstances”: i.e., when they owe allegiance and loyalty to Peru. He felt threatened serving as counsel for the defense, particularly because of the treatment he received when taken to the Las Palmas Base on the day of the preliminary hearing before the “faceless” military judge. At that hearing, he was not permitted to speak with his client, who was in handcuffs and blindfolded for security reasons. All his client managed to tell him was that he did not know the charges against him. At the hearing, he was neither informed of the charges against his client nor permitted to see the case file. For that reason, he was unable to put on a defense. He was not permitted to confer with Mr. Castillo Petruzzi until after the lower court ruling was handed down. After repeated requests, he was given access to the thousand-page case file for some forty minutes after the preliminary hearing had concluded, and then, together with the attorneys for the other defendants, for an hour the day before the court of first instance handed down its decision. During this second viewing of the case file, he had to prepare his arguments and then present them that same day before the Military Judge of Inquiry, who would read the judgment of first instance the following day. Given the circumstances, he felt that the judge did not take his defense arguments into consideration. The procedure followed in the military court system does not allow defense counsel to view the evidence and know the charges during the preliminary hearing; nor is the defense counsel permitted to cross-examine witnesses or the DINCOTE officers who took part in the investigative phase. He did not file for a writ of habeas corpus since, with the suspension of guarantees, that remedy had been unavailable since 1990. Once the high court decided to convict and Supreme Court of Military Justice denied the request for review, the defendant was held incommunicado for one year at the Yanamayo Prison. Thereafter, his attorney had no further contact with him. Whereas ideally sentences should rehabilitate, there is no type of rehabilitation for those convicted of treason or terrorism. The system used with them is utterly inhumane. With all the impediments he encountered, he felt his defense was futile. Still, he stayed with Mr. Castillo Petruzzi’s case so as not to leave him without defense counsel. Attorneys for defendants accused of treason or terrorism are intimidated and even prosecuted. c. Testimony of Héctor Salazar Ardiles, Chilean attorney who visited the Yanamayo Prison In December 1994, Mr. Salazar Ardiles was a member of a delegation composed of representatives of the Human Rights Commission of the Chilean

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