26
November 25, 1993, as the date for a preliminary hearing at the Las Palmas
Military Base for depositions in the fact-finding phase. On November 25,
1993, the defense attorney asked to be admitted to the Las Palmas Air Base
to confer with his client but was denied entry.46
86.29 On November 25, 1993, defense counsel for Mr. Castillo Petruzzi
requested access to the case file, invoking the right of defense.
On
November 29, 1993, he was advised that he would be permitted access to the
file on December 2 for thirty minutes, given “the abbreviated time period that
the law allows for cases of this kind.” Nonetheless, he repeated his request a
number of times, but to no avail. On January 6, 1994, the Judge of the
Special Military Court of Inquiry who entered the ruling of first instance,
allowed him 40 minutes with the case file.47
86.30 On November 28, 1993, the alleged victim’s preliminary hearing was
held at the Las Palmas Military Base in the presence of the Judge of the
Special Military Court, the clerk of the court and the Prosecutor of the Special
Military Court, all of whom were “faceless.” The alleged victim’s attorney,
Grimaldo Achaui Loaiza, was also present. The following facts have been
established:48
a)
defense counsel was not permitted to confer with his client in private
either before the preliminary hearing or even before the ruling of first
instance was delivered;
b)
Mr. Castillo Petruzzi was blindfolded and in handcuffs for the duration
of the preliminary hearing;
c)
during the hearing, neither the accused nor his defense attorney was
shown the prosecution’s evidence, nor was the defense attorney
permitted to cross-examine the witnesses whose testimony appeared
in the police investigation report;
d)
the record of the detainee’s preliminary hearing is not signed by the
officers of the court who participated; and
e)
the attorney for the defense was intimidated when representing the
alleged victim.
46.
Cf. Brief of defense counsel Grimaldo Achaui, p. 576 f; order of the Judge of Inquiry, p. 576 v,
from file No. 078 TP 93 ZJ FAP; testimony of defense counsel Grimaldo Achaui Loaiza.
47.
Cf. Orders of the Special Military Court of Inquiry, December 8 and 29, 1993 and January 4,
1994, pp. 750 v, and 765 v; briefs of defense counsel Grimaldo Achaui Loaiza of November 25, 1993,
December 21, 1993 and January 4,1994, pp. 666 f, 750 f, 751 v, 765 f); January 5, 1994 notification, p.
764; all the preceding from file No. 078 TP 93 ZJ FAP; testimony of defense attorney Grimaldo Achaui
Loaiza.
48.
Cf. November 28, 1993 statement made by Mr. Jaime Francisco Castillo Petruzzi during the
examining phase, file No. 078 TP 93 ZJ FAP, pp. 604-606; testimony of defense attorney Grimaldo Achaui
Loaiza; the Commission’s final oral arguments; Article 2.b of Decree-Law No. 25,744, promulgated on
September 28, 199, and articles 13.c, 14, 15 and 16 of Decree-Law No. 25,475, promulgated on May
5,1992.