20
Out of 97 corpses only 7 were identified after autopsies. According to many
protocols of autopsies crushing and multiple traumas appeared as the causes
of inmates' death. Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera
are not included in the list of survivors, and their corpses were never
identified; 27
n.
regarding the uprisings at El Frontón and the other two prisons, the
National Congress of Peru designated an investigating commission, which was
formally founded on August 7, 1987. In December of that year, a report by
majority and another by minority were submitted to the Congress by this
commission; 28
ñ.
in keeping with the Organic Law of the Peruvian Military Justice
(Executive Order No. 23.201), "Military Justice Tribunals represent an
outstanding body of the Armed Institutes". Judges belonging to the Exclusive
Military Court are, at the same time, members assigned to active service
according to Articles 6, 22, and 31 of said Executive Order. Besides, it is
mandatory to be an attorney to be a member of the military court, with the
exception of those who were part of the Military Juridical Body; 29
o.
on June 26, 1986 Virginia Ugarte filed an habeas corpus recourse
before the First Instruction Judicial Court of Callao on behalf of her son
Nolberto Durand Ugarte and her brother Gabriel Pablo Ugarte Rivera, asking
for the investigation and clarification of their whereabouts, as well as for
respecting the following rights: life, personal integrity, and communication
access. 30
p.
habeas corpus stated the director of the National Penitentiary Institute
and the San Juan Bautista CRAS director (Former El Frontón) as liable parties
and in its proceedings the followings measures were adopted:
i)
on June 27, 1986 the First Instruction Court of Callao declared
such recourse as unfounded;
ii)
on July 15, 1986, the First Correctional Tribunal of
the
Supreme Court of Callao confirmed the judgment;
27
cf. Minority opinion by the Investigating Commission of the Congress of Peru, regarding the
events on June 18 and 19, 1986, at Lurigancho, El Frontón, and Santa Bárbara. Lima, December, 1987,
pp. 23 and 24 by the Minority' Observations and 281 to 283; testimonies of Ricardo Aurelio Chumbes Paz,
Augusto Yamada, Juan Herver Kruger, and Jose Ráez González and the studies rendered before the Court
by Robert H. Kirschner and Clyde C. Snow during Neira Alegría Case; autopsies done to inmates’ bodies
from El Frontón by doctors Augusto Yamada, Juan Herver Kruger, and Jose Ráez González; and the
nominal relationship of defendant inmates on charges of terrorism evacuated from El Frontón after the
events of June 18, 1986.
28
cf. Majority opinion by the Investigating Commission of the Congress of Peru, regarding the
events on June 18 and 19, 1986; at Lurigancho, El Frontón, and Santa Bárbara. Lima, December, 1987;
and Minority opinion by the Investigating Commission of the Congress of Peru, regarding events on June
18 and 19, 1986, at Lurigancho, El Frontón, and Santa Bárbara. Lima, December, 1987.
29
cf. Political Constitution of Peru of 1979; Executive Order No. 23.201 Organic Law of the Military
Justice of Peru; and Executive Order No. 23.214 Code of Military Justice.
30
cf; habeas corpus filed on June 26, 1986 by Virginia Ugarte Rivera on behalf of her son Nolberto
Durand Ugarte and her brother Gabriel Ugarte Rivera resulting from events at the penitentiaries on June
18 and 19, 1986.