77.
Ms. J. had no criminal or judicial record; 90 however, she did have a police record and an
arrest warrant dated June 1990 for the crime of terrorism, although the case file does not record
the reason for this precedent. 91 Ms. J. has denied her membership in Shining Path in all her
statements before State authorities, 92 and also that she worked for El Diario. 93 Nevertheless, she
indicated that, in 1987, she had been arrested “for putting up a poster [of the] weekly publication
‘Cambio.’” 94
E.1 Arrest of Ms. J. and searches
78.
In 1992, DINCOTE “ordered that [the publication] ‘El Diario’ be monitored, determining that
it form[ed] part of the group calling itself the Communist Party of Peru – Shining Path,” and carried
out several interventions and arrests. 95 According to a police attestation (infra para. 97) and
prosecution documents, El Diario was considered to be “the publication that disseminates or
instigates the barbaric acts committed by the subversive group, Shining Path.” 96 According to these
documents, El Diario not only used expressions that constituted “an evident incitement to commit
the crime of terrorism, but these acts have been planned, premeditated, voluntary, continuous and
habitual, without any coercion or pressure, over time, obeying commands, and carrying out tasks
mandated by the terrorist organization, Shining Path.” 97 El Diario had gone underground in 1989. 98
The CVR indicated that El Diario was a “Shining Path publication.” 99
79.
On April 13, 1992, “during the evening, agents [of the National Police of Peru] DIVICOTE 1DINCOTE, began to execute [‘Operation] Moyano’, intervening different buildings in the capital
simultaneously,” to continue “the inquiries into the weekly publication ‘El Diario.’” 100 In the context
of Operation Moyano, a “building located on Las Esmeraldas Street, La Victoria, [owned by Ms. J.’s
90
Cf. Charges brought by the Public Prosecution Service on January 8, 1993 (file of annexes to the answering brief, annex
45, folio 3748).
91
Cf. Attestation No. 084–DINCOTE of April 25, 1992 (file of annexes to the answering brief, annex 23, folio 3381).
92
Cf. Statement of Ms. J. of April 21, 1992 (file of annexes to the answering brief, annex 31, folio 3671), and preliminary
statement of June 10, 1992, before the Tenth Investigating Court of Lima (file of annexes to the answering brief, annex 41,
folios 3699 and 3700). See also, preliminary statement of June 15, 1992, before the Tenth Investigating Court of Lima (file of
annexes to the answering brief, annex 42, folios 3703 to 3709); preliminary statement of June 19, 1992, before the Tenth
Investigating Court of Lima (file of annexes to the State’s brief of June 24, 2013, annex 17, folios 4740 to 4745), and preliminary
statement of August 3, 1992, before the Tenth Investigating Court of Lima (file of annexes to the State’s brief of June 24, 2013,
annex 18, folios 4747 to 4745).
93
Cf. Statement of Ms. J. of April 21, 1992 (file of annexes to the answering brief, annex 31, folio 3670).
94
Preliminary statement of June 10, 1992, before the Tenth Investigating Court of Lima (file of annexes to the answering
brief, annex 41, folios 3699 and 3700).
95
Cf. Report of the special prosecutor for terrorism No. 118-92.9 of September 9, 1992 (file of annexes to the answering
brief, annex 43, folio 3712).
96
Attestation No. 084–DINCOTE of April 25, 1992 (file of annexes to the answering brief, annex 23, folio 3484); Charges
brought by the Public Prosecution Service on January 8, 1993 (file of annexes to the answering brief, annex 45, folio 3755), and
Report of the special prosecutor for terrorism No. 118-92.9 of September 9, 1992 (file of annexes to the answering brief, annex
43, folio 3712).
97
Attestation No. 084-DINCOTE. April 28, 1992 (file of annexes to the answering brief, annex 23, folio 3484).
98
Cf. Attestation No. 084–DINCOTE. April 28, 1992 (file of annexes to the answering brief, annex 23, folio 3484).
99
Report of the Truth and Reconciliation Commission, volume I, chapter 1.1, p. 108.
100
Attestation No. 084–DINCOTE of April 25, 1992 (file of annexes to the answering brief, annex 23, folios 3343 and
3484); statement made by Magda Victoria Atto Mendives during the public hearing held in this case; charges brought by the
Public Prosecution Service on January 8, 1993 (file of annexes to the answering brief, annex 45, folio 3755); Report of the
special prosecutor for terrorism No. 118-92.9 of September 9, 1992 (file of annexes to the answering brief, annex 43, folio
3712), and Report of the Truth and Reconciliation Commission, volume I, chapter 1.1, p. 108, and volume II, chapter 1.2, p.
222.
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