10 preliminary statement of Mr. Cárdenas Hurtado; defendant Cárdenas Hurtado also claims that it was Commander Zegarra Marín who personally handed over the 525 passports to him, but this claim was disproven when it was ascertained that said bunch of passports was received by civilian employee Victor Salcedo Silva of the Office of the Deputy Directorship of Migratory Control headed by Commander Julio Lozada Castro; defendant Cárdenas Hurtado himself claims that he was the one who said to replace the missing passports with old case files, and then later he denies it in his initial statement claiming that he called him from the offices of ENTEL and that he also called him from the Office of the Deputy Director of Migratory Control, but that he was unable to get in touch either with Zegarra Martín or with the migratory control officials; additionally, based on the record of the proceedings, defendants Cárdenas Hurtado and Moreno Palacios, in their hierarchical positions in the Office of Migration of Tumbes and Chief of passports of said office, respectively, had no reason to contact their co-defendant Zegarra Marín in performing their duties, inasmuch as both officials were administratively and functionally under the Office of the Deputy Directorship of Migratory Control headed by Commander Julio Lozada Castro; additionally, based on the Handwriting Expert’s Report drawn up by the Technical Criminal Investigation Laboratory of the Peruvian National Police, submitted in the Attached Notebook on page 79, passport number 0415818 in the name of Daniel Enrique Vega Acha bears the forged signature of defendant Zegarra Marín, and consequently, the basis for the charges against the defendant appealing his bail status that gave rise to the custody warrant is rendered 15 groundless…” 41. The Commission notes that Mr. Zegarra Marín was held in preventive detention from October 1994 until June 1995, that is, for 8 months. 42. On May 2, 1996, the Fifth Office of the Attorney General for Criminal Matters before the Superior Court of Lima found that there was merit to holding an oral trial and brought formal charges against more than 13 individuals, including Mr. Zegarra Marín. The following was asserted, with regard to the petitioner: (…) it appears in the preliminary investigation statement of AGUSTIN BLADIMIRO ZEGARRA MARIN, who served in the position of Deputy Director of passports of the Office of Migration and Naturalization until September 28, 1994, whose duty was to supervise, organize the duties of the personnel and officials, sign passports, advise the Office on the matters under his purview; he knows Cárdenas Hurtado, Moreno Palacios, he testifies he was not aware of the forged passport that the Chinese national apprehended at “Jorge Chavez” International Airport was carrying, which was a document issued in Tumbes, he claims that PNP Commander, Murazzo Castillo, never reported to him the irregularities that had been taking place in Tumbes, he claims he has received no communication from Cárdenas Hurtado, he does not agree with his version [Mr. Cárdenas Hurtado’s version], who claimed that he [Zegarra Marín] charged five dollars for every passport illegally issued, nor does he agree with Cárdenas Hurtado’s statement as to “Zegarra Marín was in cahoots with President Fujimori’s brother,” clarifying that he as not had any contact with the latter [Fujimori’s brother] since 1986; with regard to the 525 passports, it must be PNP Captain Ramiro Araujo Sanchez and Victor Salcedo, who are responsible for them, he claims that 16 Peceros Vargas forged his signature and had his seals in his possession. 15 Annex 3. Case File 987-94-K. Court notice of the motion for conditional release. Defendant: Agustín. B. Zegarra Marín. Signed by Saul Guevara Burga, Clerk, Fifth Chamber for Criminal Matters of the Superior Court of Lima, June 30, 1995. Annex to the petitioner’s submission received on November 6, 2001. 16 Annex 5. Case File. Nº 987-94 Fifth Chamber for Criminal Matters, Submission of May 2, 1996, signed by Mario Armando Caverio Vlaochaga, Attorney General for Matters before the Superior Court, Fifth Office of the Attorney General for Criminal Matters before the Superior Court of Lima, pg. 6. Annex to State’s submission of April 29, 2005.