35 authorities.46 After her detention, Lori Berenson was transferred to the building located on Avenida Alameda del Corregidor, where the National Police carried out a police raid.47 88(11) The members of Corregidor. A confrontation arrested.50 same day, during “anti-terrorist police raid […] ALACRAN 95,”48 DINCOTE entered the building located on Avenida Alameda del group of individuals responded from inside with armed resistance. The lasted several hours;49 as a result, some people died and others were 88(12) When Lori Berenson was detained, there was a state of emergency in force in the Department of Lima and in the Constitutional Province of Callao together with the suspension of the exercise of the rights established in Articles 9 (inviolability of a domicile), 11 (freedom of movement in national territory), 12 (freedom of association) and 24(f) (detention with a judicial order or by the police authorities in flagrante delicto) of Article 2 of the 1993 Constitution of Peru.51 Pre-trial procedures before the military justice system and DINCOTE 88(13) On November 30, 1995, the Special Military Judge opened the preliminary investigation against Miguel Wenceslao Rincón Rincón et al. for the crime of 46 Cf. police investigation report No. 140–DIVICOTE II-DINCOTE of December 27, 1995 (file of appendixes to the application, tome 3, folio 1018; and file of probative evidence provided by the State, tome 2, folio 4195bis); testimonial statement made by Lori Berenson before notary public on March 30, 2004 (affidavits and comments file, folio 9812); and accusation of the Army’s Special Military Prosecutor for Cases of Treason of January 2, 1996 (file of appendixes to the application, tome 1, appendix 10, folios 101 to 104). 47 Cf. testimonial statement made by Lori Berenson before notary public on March 30, 2004 (affidavits and comments file, folio 9812); judgment handed down by the National Chamber for Terrorism, Criminal Organizations and Groups on June 20, 2000 (file of probative evidence provided by the State, tome 11, folio 9021); and testimonial statement made by Edgardo Emilio Garrido López in the ordinary jurisdiction in file No. 154-2000 of December 14, 2000 (file of probative evidence provided by the State, tome 7, folio 6934). 48 Cf. police investigation report No. 140–DIVICOTE II-DINCOTE of December 27, 1995 (file of appendixes to the application, tome 3, folio 1016; and file of probative evidence provided by the State, tome 2, folio 4193bis). 49 Cf. police investigation report No. 140–DIVICOTE II-DINCOTE of December 27, 1995 (file of appendixes to the application, tome 3, folio 1016; and file of probative evidence provided by the State, tome 2, folio 4193bis); testimonial statement made by Lori Berenson before notary public on March 30, 2004 (affidavits and comments file, folio 9812); expert report on forensic ballistics No. 3987/95 issued by the Technical Support Department of the Peruvian National Police on December 4, 1995 (file of appendixes to the application, tome 5, folios 1679 to 1682); newspaper cutting entitled “Casa de Miguel Rincón era un verdadero ‘bunker’. Tenían dos habitaciones repletas de armas municiones y explosivos” published in “La República” on December 2, 1995 (file of probative evidence provided by the State, tome 7, folios 6690 and 6691); and Article entitled “Miguel Rincón. Cuando se comulga con la violencia. Quimera de Sangre” published in the journal “Careta” on December 7, 1995 (file of probative evidence provided by the State, tome 2, folios 4128 to 4132). 50 Cf. order to open the pre-trial proceedings issued by the Special Military Judge on November 30, 1995, in trial No. 032-TP-95 processed in the military jurisdiction against Miguel Rincón Rincón et al. for the crime of treason (file of appendixes to the application, tome 1, appendix 7, folios 96 and 97; and file of probative evidence provided by the State, tome 2, folio 3955 y 3956). 51 Cf. Article 137(1) of the 1993 Constitution of Peru; Supreme Decree No. 74-95-DE-CCFFAA issued on November 2, 1995 (file of helpful evidence provided by the State, appendix 1, folios 10229 to 10230); and note 7-5-M/387 issued on November 13, 1995, by which Peru’s Permanent Representative to the OAS notified the Executive Secretariat of the Inter-American Commission of the issue of Supreme Decree No. 74-95-DE-CCFFAA of November 2, 1995 (file of helpful evidence provided by the State, appendix 3, folio 10236).

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