19 88. The alleged victim has, since he filed his original complaint, consistently maintained that around September 15, 1994, when he was serving as a Provisional Magistrate on the Huánuco Superior Court, he was unofficially told that his name had appeared in a police statement given by a member of the Sendero Luminoso subversive group, who fingered him as a supposed member of that organization, through his membership in the 44 “Association of Democratic Attorneys.” The State, for its part, has maintained that Mr. Galindo was under investigation (although it did not indicate on what date the investigation got underway), since a person availing himself of the “Repentance Law” had identified Mr. Galindo Cárdenas as a member of an association having ties 45 with the Sendero Luminoso. The date of and the circumstances surrounding the arrest of the magistrate on the Huánuco Superior Court, Luis Antonio Galindo Cárdenas 89. The Commission notes that the State and the petitioner differ concerning the circumstances under which Mr. Galindo Cárdenas was detained, the place where he was detained and for how long. 90. According to the petitioner’s version, on Friday, October 14, 1994, Mr. Galindo went, of his own free will, to the offices of the Chief of Counter-Terrorism (JECOTE) of the Huánuco National Police to clarify his situation; thereafter, he rejoined the special session of the Plenary of the Huánuco and Pasco Superior Court, 46 which was being held that day. There he explained the reasons for his late arrival. Then, on Sunday October 16, 1994, the Chief of JECOTE appeared at Mr. Galindo’s residence to inform him that Colonel Negrón, Head of Huánuco Military-Political Command, wanted to speak with him at the “Yanac” Army barracks. So, in the morning, he went to the military base, where Colonel Negrón and another officer received him. After inviting him into a 47 room, they locked the door from the outside with a chain. 91. The State, for its part, maintains that at 8:00 p.m. on Saturday, October 15, 1994, the “Applicant’s Declaration” was taken from Mr. Galindo Cárdenas, identified with code A1J054967, in one of the offices of JECOTE-PNP-Hco. in the city of Huánuco. Present were the representative from the Public Prosecutor’s 48 Office, Dr. Ricardo Robles y Coz, and an official of the PNP. The Declaration reads verbatim as follows: 1. As for the applicant’s intention to repent and to voluntarily and forever abandon all terrorist activity, he said the following: I have, of my free will, come to the Huánuco Counter-Terrorism Department on October 15, 1994, asking to avail myself of the benefits of the Repentance Law in connection with the legal advice I provided to members of the PCP-SL, and in order to collaborate with the PNP. I am resolved to help restore peace in the country. 2. As for his situation and position with the PCP-SL terrorist organization, he said the following: Around late 1992 and because I was a lawyer, they requested my professional services to serve as defense counsel for defendant SANTAMARIA RAMOS, known by the criminal terrorists as “(c) Mirko” who was being held in the CRAS [prison] of San Marcos. He came from Tingo María and he was on trial for the crime of terrorism. My services were sought at the request of family members whose names I don’t know; I was paid a portion of my attorney’s fees upfront. Under the new anti-terrorist law, the accused was taken to the Huamancac Prison in the city of Huancayo, whereupon the supposed family members asked me to go there to represent the defendant in the Special Tribunal. I did not agree to their request, because I already had commitments here in this city and in Lima. Therefore, I withdrew from the case. However, after about eight months, two women and a man appeared in my office and demanded that I defend someone being held in custody at 44 IACHR, Admissibility Report No. 14/04 of February 23, 2004, paragraph 9. 45 IACHR, Admissibility Report No. 14/04 of February 23, 2004, paragraph 26 and the State’s allegations during the merits phase. 46 Annex I. Minutes of the Special Session that the Full Plenary of the Huánuco and Pasco Superior Court held on October 14, 1994. Attachment 7 to the petitioner’s brief of January 3, 1996. 47 IACHR, Admissibility Report No. 14/04 of February 23, 2004, paragraph 10; IACHR, 133rd regular session; and record of Hearing No. 19, Case 11,568 – Luis Galindo Cárdenas, October 23, 2008. 48 Annex 32. The Applicant’s Declaration of October 15, 1995. Attachment to the State’s brief of October 17, 2008.