241. Furthermore, the Court takes note that, according to the findings of the Truth and
Reconciliation Commission:
The Police established a practice that consisted in presenting publicly, before the media, and in prison uniform, all
those who were being investigated for the offenses of terrorism and treason, referring to them as members of the
terrorist groups. This took place at the end of the preliminary investigation. There is no doubt that this practice,
which had no legal basis or grounds and which constituted degrading treatment, violated the principle of the
presumption of innocence and prejudiced the rights of those persons subjected to this practice, as well as their
situation during the judicial proceedings against them. At the beginning of 1995, Supreme Decree No. 01–95 was
promulgated, prohibiting the public presentation of those detained for the perpetration of any offense, with the
exception of those accused of treason. 352
242. In addition, during the second stage of the criminal proceedings against Ms. J., the Court
notes that senior State authorities made public statements indicating that Ms. J. was a member of
Shining Path, particularly from January 2007 to February 2008, and in 2012 (supra para. 121). The
evidence in the case file includes such statements of the then State Prosecutor for terrorism
offenses. 353 Furthermore, evidence of accusations made in 2012 by the same State Prosecutor in
2012, 354 as well as by the then Minister of the Interior, was provided to the case file. 355
dismantling of the diffusion and propaganda apparatus of the violent armed movement Shining Path and the discovery of its
main links that carry out propaganda tasks in different European countries and who, at the same time, are responsible for raising
funds abroad. […] Minister Briones Dávila showed 19 of the 23 persons arrested during the raids of two clandestine printing
facilities that were at the service of the group led by Abimael Guzmán to the press at the police premises on Avenida España […]
‘We continue to apply a comprehensive Government strategy against the subversion. Shining Path has suffered an important
blow owing to these captures made by the Dircote and the National Intelligence Service,” said the Minister. […] The capture of
the 23 members of Shining Path on April 13 and 14 was carried out in the presence of the head of the […] Office of the Special
Prosecutor for cases of Terrorism, Julia Eguía Dávalos. The leader of this dismantled apparatus, Jorge Luis Durán Araujo […] was
captured in the clandestine printing facilities on Las Esmeraldas Street […] [J.] (alias) ‘Ana’ [among others] was arrested in the
same building on Balconcillo. They were preparing the latest edition of El Diario.” La República, April 24, 1992 (file of annexes to
the State’s brief of June 24, 2013, annex 5, folios 4312 and 4313), and (6) “Sendero gastaba 40 mil dólares al mes para
mantener aparato de propaganda” [Shining Path spent $40,000 a month to maintain propaganda apparatus], La República, April
2, 1992, which states: “[…] Even though most of them are operating in secret, it was reported that around 35 individuals are
currently imprisoned in the Miguel Castro Castro [Prison] of Canto Grande, accused of terrorism and subversion. […] It has been
established that the said newspaper was distributed at both nationally and internationally and in most of its articles, mandated
by the ‘Permanent Committee’ of that criminal organization, ‘homage’ was paid to violence and chaos, and the Government in
power was attacked. ‘It is merely a pamphlet,’ stated a Dincote commander, responsible for the investigations, during a press
conference on Wednesday. […] There, the police surprised […, J. among others], who was in charge of renting the premises.” La
República, April 2, 1992 (file of annexes to the State’s brief of June 24, 2013, annex 6, folio 4316).
352
Report of the Truth and Reconciliation Commission, volume VI, chapter 1.6, p. 420.
353
One article indicated that: “[t]he Office of the Counter-terrorism Prosecutor of the Ministry of the Interior (Mininter) will
remain vigilant to ensure that measures are taken promptly to extradite the presumed member of Shining Path, [J.], according
to information provided to Correo by the head of that office, Julio Galindo. […] Prosecutor Julio Galindo also said that he was sure
that Germany would accept the extradition request against [J.], because she ‘was a member of Shining Path, an evident
terrorist, and he trusted that it would allow her to return to Peru to be tried as appropriate” (underlining added). “Procuraduría
vigilará rapidez en extradición de [Ms. J.]” [Prosecutor’s Office will supervise prompt extradition of [Ms. J.]]. Press communiqué
from the Office for the Control of the Judiciary (file of annexes to the Merits Report, annex 37, folio 414). Another article
indicated that: “En Germany hay voluntad para extraditar a [Ms. J.]” [Germany has indicated its willingness to extradite [J.]].
We know that the excellent relations with that country will permit a prompt procedure. We consider her a terrorist and she must
receive the corresponding punishment.” Correo, February 5, 2008 (file of annexes to the Merits Report, annex 37, folio 415).
354
Various newspaper articles, including from the State news agency, indicate that the Counter-terrorism Prosecutor
“clarified that [J.] was responsible for coordinating with national and international journalists the propaganda issued by the
criminal group Shining Path; in addition, there is the testimony of someone who identifies her as a member of the terrorist
group,” and stated that “in our opinion there is no discussion as to whether she is a presumed terrorist; in our opinion she
is a member of Shining Path, because she played a specific role in Shining Path.” Articles entitled “Procurador Galindo:
Estado desenmascarará engaños de [J.] a la CIDH” [Prosecutor Galindo: State unmasks [J.’s] deception of the IACHR],
published on the webpages of the Agencia Peruana de Noticias, of tuteve.tv, and of Peru21 (merits report, folios 162, 163,
166 and 167).
355
In this regard, in the video that appears in this article, the Minister of the Interior stated that: “She is a member
of Shining Path; [J.] is a member of Shining Path, a person sought by Peruvian justice, a person who is a fugitive from the
law; Peru has issued an international arrest warrant for her; it is regrettable that this case has also been submitted to the
international jurisdiction because that evidently involves a serious conflict for the Government. We are firmly decided to
72
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