17. The alleged victim, Luis Williams Pollo Rivera, a physician specializing in traumatology and orthopedics, states that he was arrested, prosecuted on two occasions, and sentenced to a tenyear prison term on charges of having performed medical procedures on members of the terrorist organization known as Communist Party of Peru – Shining Path (“PCP-SL” or “Sendero Luminoso”). Specifically, the petitioner reports that he was arrested for the first time on November 6, 1992,1 by police officers of the National Anti-Terrorism Directorate (DINCOTE) following statements made during the criminal prosecution of a member of the Shining Path, who claimed that Mr. Luis Williams Pollo Rivera had amputated his right leg. He states that at the time of his arrest, he was working as a trauma service doctor at the Dos de Mayo state hospital. 18. He claims that as a result of those statements, he was tried and sentenced to life imprisonment for the crime of treason against the homeland by masked (“faceless”) judges presiding over military courts. He filed a review remedy against that judgment, which was declared admissible by the military courts; consequently, the case was referred to the regular courts in 1993 and, under a ruling handed down on November 7, 1994 by the Specialized Chamber for Terrorist Crimes, he was acquitted of the charges. This ruling was upheld by the Supreme Court on November 4, 1996, which ruled that the lower court’s judgment was not subject to annulment. 19. The petitioner states that on December 16, 1994, the Ministry of Health authorized the alleged victim’s return to the Dos de Mayo Hospital, where he was employed prior to his January 1991 arrest.2 20. The petitioner claims that during his first arrest he was taken to the offices of the National Anti-Terrorism Directorate (DINCOTE) in downtown Lima where he was interrogated by the police. He states that he was tortured and his spine was injured, preventing him from walking and forcing him to use a wheelchair because of the intense pain and lack of strength in his legs. 21. The petitioner reports that his second arrest took place on August 26, 2003, and was carried out by members of the National Intelligence Directorate (DIRIN), in the city of Andahuaylas, where he was working at the ESSALUD Hospital. He reports that he was arrested because he was once more being investigated for allegedly collaborating with the PCP-SL organization by providing medical attention to some of its members between 1989 and 1991, as claimed by statements made by a “repentant” and other “collaborators.” 22. Mr. Pollo Rivera says that the order for his arrest and his subsequent prosecution arose from the criminal trial of a number of presumed members of that terrorist organization (case file No. 113-95). In those proceedings, a judgment was handed down on November 21, 1996, by a “faceless” judge, ordering “the forwarding of certified copies of the relevant trial documents to the office of the Provincial Prosecutor, for criminal charges to be brought against William Pollo Rivera for crimes against law and order – terrorism – (acts of collaboration), to the detriment of the State.”3 The petitioner states that the Provincial Prosecutor subsequently filed charges against Mr. Luis Williams Pollo Rivera as an alleged collaborator in the health sector of “Popular Socorro of Peru, Communist Party of Peru, Shining Path,” accusing him of collaborating in the crime of terrorism. 23. As a result of his trial, Mr. Pollo Rivera states that the National Terrorism Chamber convicted him on February 24, 2004, for crimes against law and order – terrorism, in the manner of collaboration, and sentenced him to ten years in prison and required him to pay 1000 nuevos At the time of his first arrest, the petitioner reports that guarantees had been suspended in the city of Lima and that this situation continued until 2003, under the provisions of Decree Law 24150, in force since June 8, 1985, and Legislative Decree No. 470, which amended Article 5 of D.L. No. 24150 to regulate relations between the Military Political Command and various authorities under its jurisdiction in the areas where emergencies had been declared (November 8, 1991). He also reports that the legislation governing the crime of terrorism was set out in Decree Law No. 24475. 2 Mr. Pollo Rivera cites Director’s Resolution No. 0946-94/D/UP of December 16, 1994, authorizing the reincorporation of Mr. Luis Williams Pollo Rivera into the public administration as of that date, as a level 3 physician in post No. A-010 at the Dos de Mayo National Hospital. 3 The original complaint includes, in its annexes, the judgment handed down by the Special Criminal Chamber of the Lima Superior Court of Justice; case file No. 113-95 of November 21, 1996, p. 5164. 1 3