3
police found 111 cartridges and 33 bullets of the same caliber at the scene of
the crime; they corresponded to sub-machine guns;
d)
The judicial investigations and newspaper reports revealed that those
involved worked for military intelligence; they were members of the Peruvian
Army who were acting on behalf of the “death squadron” known as the “Colina
Group”, who carried out their own anti-terrorist program. Information from
different sources indicates that, in the instant case, the acts were executed in
reprisal against alleged members of Sendero Luminoso (Shining Path);
e)
A week after the attack, Congressman Javier Diez Canseco gave the
press a copy of a document entitled “Plan Ambulante” (Door-to-door
[salesmen] Plan), which described an intelligence operation implemented at
the scene of the crime. According to this document, the “terrorists” had been
meeting in the place where the events of the instant case took place since
January 1989 and they concealed themselves by pretending that they were
door-to-door salesmen. In June 1989, Sendero Luminoso had carried out an
attack about 250 meters from the place where the Barrios Altos events
occurred, in which several of the assailants were disguised as door-to-door
salesmen.
f)
On November 14, 1991, the senators of the Republic, Raúl Ferrero
Costa, Javier Diez Canseco Cisneros, Enrique Bernales Ballesteros, Javier Alva
Orlandini, Edmundo Murrugarra Florián and Gustavo Mohme Llona requested
the full Senate of the Republic to clarify the facts of the Barrios Altos crime.
On November 15 that year, the Senate adopted this petitory and appointed
Senators Róger Cáceres Velásquez, Víctor Arroyo Cuyubamba, Javier Diez
Canseco Cisneros, Francisco Guerra García Cueva and José Linares Gallo as
members of an Investigation Committee, which was installed on November
27, 1991. On December 23, 1991, the Committee conducted an inspection of
the building where the events took place, interviewed four people and
executed other measures. The senatorial Committee did not complete its
investigation, because the “Government of National Reconstruction and
Emergency”, which came to power on April 5, 1992, dissolved Congress and
the Democratic Constituent Congress elected in November 1992 did not take
up the investigation again or publish the senatorial Committee’s preliminary
findings;
g)
Although the events occurred in 1991, the judicial authorities did not
commence a serious investigation of the incident until April 1995, when the
prosecutor of the Office of the Forty-first Provincial Criminal Prosecutor of
Lima, Ana Cecilia Magallanes, accused five Army officials of being responsible
for the events, including several who had already been convicted in the La
Cantuta case. The five men accused were Division General Julio Salazar
Monroe, at that time Head of the National Intelligence Service (SIN), Major
Santiago Martín Rivas, and Sergeant Majors Nelson Carbajal García, Juan
Sosa Saavedra and Hugo Coral Goycochea. On several occasions, the
prosecutor tried unsuccessfully to compel the accused men to appear before
the court to make a statement. Consequently, she filed charges before the
Sixteenth Criminal Court of Lima. The military officers replied that the
charges should be addressed to another authority and indicated that Major
Rivas and the sergeant majors were under the jurisdiction of the Supreme
Military Justice Council. As for General Julio Salazar Monroe, he refused to