13. According to the petition, it was only on October 18, 1994 that he was permitted to
communicate with his wife. Through her he had submitted his resignation from the post of
judge on October 19, 1994, determining that his detention was aimed at damaging the image
of the judicial branch in Huánuco.
14. He alleges that a police statement was taken from him by JECOTE and the National
Counter-Terrorism Command of Lima (DINCOTE-Lima) in the presence of the Deputy Provincial
Prosecutor, without the presence of a judge, and that this statement had been misplaced. Also,
on October 26, 1994, the Attorney General of the Nation, Dr. Blanca Nélida Colán Maguiña,
visited and interviewed the detainee. The petitioner alleges that he complained of the injustice
and psychological abuse to which he had been subjected and attaches a copy of the record of
that complaint.
15. The petitioner alleges that while he was being illegally detained at the Army Military
Headquarters he only had access to potable water for 10 minutes in the morning and 10 in the
evening. He further alleges that during the night shots were fired in the window of his room
and that in the early morning hours he heard the anguished cries of persons who were being
punished. He also alleges that the authorities permitted incidents to occur in the early morning
hours with the aim of driving fear into him and breaking him down, such as the entry into his
cell while he was asleep of the “hooded repented female terrorist” for him to be pointed out as
the “democratic attorney”.
16. According to the complaint, after 31 days of illegal detention, the Provincial Prosecutor
determined that there were no grounds for charges to be brought against him, a decision that
was confirmed by the Office of the Senior Prosecutor, which ordered the petitioner’s release on
November 16, 1994. The petitioner attaches a copy of a request of December 13, 1995 in
which he requested from the Prosecutor of the First Criminal Jurisdiction of Huánuco, Dr.
Ricardo Robles Coz, certified copies of the investigation led against him, alleging that his
request had not been granted.4 On December 16, 1994, he complained to the Senior Criminal
Prosecutor of Huánuco, again without positive results.
17. The petitioner alleges that by being publicly accused of being a repented terrorist, his
physical and personal integrity had been endangered, he had been exposed to harassment in
various public places and his professional work as an attorney had been impaired. He further
alleges that he and his family, especially his wife and his son Luis Idelso Galindo Díaz, had
suffered grave moral harm.
18. The petitioner alleges that the Peruvian State violated his right to personal liberty, since he
had been detained without a prior court order and without having been caught inflagrante
delicto. He alleges that he was never formally advised of the charges against him, that he was
not informed of the reasons for his detention, nor was he given any record of his detention or
release. He stated that the period of his unlawful detention exceeded all legal limits, including
those provided for crimes of terrorism. He adds that he was held in a detention center that was
not authorized by the law.
19. The petitioner further alleges that the Peruvian State violated his right to freedom of
movement and residence, since he was forced to abandon his residence in the city of Huánuco
in the face of continuing threats to once again deprive him of his freedom if he did not cease
his public complaints, threats that were made by the Head of the Political/Military Command of
Huánuco and by the Provincial Criminal Prosecutor of Huánuco.
4 In that request, the petitioner denounced his detention as illegal and stated that he had been the victim of
psychological torture and had been held incommunicado.
3