13 40. The State submitted two notices related to the juridical situation of Durand and Ugarte. 5 41. At the request of the President, the Commission submitted a document as evidence, for a better resolution. Such document gathered information related to the process on charges of terrorism followed against Mr. Durand Ugarte and Ugarte Rivera and to the habeas corpus recourse filed as a result of the riot subduing. 6 42. The Commission submitted a newspaper article attached to the brief besides the assumptions of Article 43 of the Rules of Procedure. 7 VI TESTIMONIAL EVIDENCE 43. At a public hearing, held on September 20, 1999, the Court listened to the following witness statement, on behalf of the Inter-American Commission: Testimony of Virginia Ugarte Rivera, mother and sister of Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera, respectively. Her brother Gabriel Pablo was arrested in his apartment, on February 14, 1986 at 2:00 a.m. She never knew who was responsible for his detention. She found out when she found the house in a complete mess and a neighbor told her how civil policemen had taken him away. Neighbors were afraid of warning her because they had been threatened by the captors. In her searching, she went to Tahuantisuyu police station, but she was told that he was not there, and continued unsuccessfully looking for him at Independencia, Cachitá, Rimac, Sixth and Breña police stations. When she came back to her house, on the same day, her niece told her that policemen, some dressed in military uniforms while others in civilian clothes, had taken his son Nolberto away in a white truck, together with other persons around 11:00 a.m. while working as a salesman. She did not know where his son was until 8 days after his detention, precisely during an interview with Esther Moreno, mayor of Independencia, only for being recommended to speak to the corresponding mayor, who at the same time advised her to meet with Senator Genaro Ledezma. The Senator gave her a letter for DINCOTE to look for them, and afterwards he himself accompanied her. At that moment, she knew about their whereabouts and 15 days later, she was able to see them at DINCOTE; they were mistreated and with swollen and deformed faces as a result of the beatings, according to what his son and brother told her. They stayed around 15 to 18 days at DINCOTE, and then they were transferred to the Sixth Police Station, later to the Justice Palace of Lima, and finally they were taken to El Frontón, at the end of February. When she visited them on Saturdays and Sundays at the political prisoners' section in El Frontón prison she, together with other relatives' prisoners were threatened by the guards. Thanks to the advice by the priest from her community, she was able to hire Doctor Miguel Talavera as her relatives' attorney. Two habeas corpus actions were filed to free 5 cf. notice No. 544.98.INPE-CR-P from the Ministry of Justice on September 18, 1998; and notice No. 635.98. INPE-CR-P from the Ministry of Justice on October 31, 1998. 6 7 cf. note of October 1999 from the Legal Defense Institute. cf. article entitled ''Tribunal ordered 'freedom' to three killed defendants in El Frontón," published in “La República” newspaper on Friday, July 31, 1987.

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