17
Department Against Terrorism -DIRCOTEparticipated in acts of terrorism; 14
under
suspicion
of
having
b.
Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera were detained
without any warrant or having been found guilty of a flagrant felony;15
c.
Mr. Gabriel Pablo Ugarte Rivera was denied the right to have a defense
attorney because he was forced to expressly give up this right; 16
d.
once police investigation went through, Nolberto Durand Ugarte and
Gabriel Pablo Ugarte Rivera were sent to the 39 Instruction Court of Lima, on
March 4, 1986, when a criminal proceeding was started for the alleged crime
of terrorism, and file No. 83-86 was opened. Durand Ugarte and Ugarte
Rivera were transferred to El Frontón by means of a warrant. 17
e.
on February 25 and 26, 1986, Virginia Ugarte Rivera filed two habeas
corpus recourses before the 46th Instruction Judicial Court of Lima, one on
behalf of her son Nolberto Ugarte and the other of her brother Gabriel Pablo
Ugarte Rivera, wherein she asked for the protection of the physical integrity
of her relatives, free access to a defense attorney, and immediate freedom of
the detainees. Said recourses were declared groundless. 18
f.
on June 18, 1986 simultaneous uprisings took place at three penal
centers of Lima: the Social Re-Adaptation Center -CRAS- "Santa Bárbara",
the Social Re-Adaptation Center -CRAS- San Pedro (former "Lurigancho"),
and the Blue Pavilion from San Juan Bautista CRAS, (former El Frontón),
where Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera were
detained; 19
g.
prisoners took over the pavilions, after taking as hostages some of the
members of the Republican Guard and some of the weapons they had. Under
14
cf. Testimony of Virginia Ugarte Rivera before the Court on September 20, 1999 and brief of
habeas corpus filed on February 26, 1986 by Virginia Ugarte Rivera on behalf of her brother Gabriel
Ugarte Rivera.
15
cf. Brief of habeas corpus filed on February 26, 1986 by Virginia Ugarte Rivera on behalf of her
brother Gabriel Ugarte Rivera.
16
cf. Brief of habeas corpus filed on February 26, 1986 by Virginia Ugarte Rivera on behalf of her
brother Gabriel Ugarte Rivera.
17
cf. List handed by the Head of Identification of San Juan Bautista prison to the 2nd Permanent
Instruction Court of the Navy where a proceeding was started due to the events in El Frontón; habeas
corpus filed on February 25, 1986 by Virginia Ugarte Rivera and her testimony before the Court on
September 20, 1999; notices No. 544.98. INPE-CR-P from the Ministry of Justice and No. 635.98. INPECR-P from the Ministry of Justice, September 18, 1998 and October 31, 1998, respectively; and Judgment
of the First Instruction Court of Callao on June 27, 1986.
18
cf. Habeas corpus filed on February 26, 1986 by Virginia Ugarte Rivera on behalf of his brother
Gabriel Ugarte Rivera; and a brief of the Legal Defense Institute in October 1999.
19
cf. Majority opinion by the Investigating Commission of the Congress of Peru on the events on
June 18 and 19, 1986; at Lurigancho, El Frontón and Santa Bárbara prisons, Lima in December, 1987, p.
29; Minority opinion by the Investigating Commission of the Congress of Peru on the events on June 18
and 19, 1986 at Lurigancho, El Frontón, and Santa Bárbara prisons. Lima, in December, 1987, p. 50;
Testimony by Virginia Ugarte Rivera before the Court on September 20, 1999; a list handed by the Head
of Identification of San Juan Bautista penitentiary to the 2nd Permanent Instruction Court of the Navy
where a proceeding was started due to the events at El Frontón.