12 as well as to provide in-kind gifts; [whereas] he is also accused of sending Cárdenas Hurtado five hundred and twenty-five passports of which twenty-five were missing and, consequently, in collusion with him, concealed the crime, whereas in this group of passports which range from number (…) there was the forged passport number (…), which was used by defendant Carlos Remo Manrique Carreño when he was apprehended by the police in New York, United State of America; whereas during the proceeding, defendant Roberto Martín Cárdenas Hurtado has testified that his co-defendant Agustín Bladimiro Zegarra Marín was aware of the stolen passports, [and] that when the case of the passport found on the Chinese national happened, he was even called by Coronel José Matayoshi Matayoshi, who ordered him to bring the respective documentation, but once he arrived in Lima, he was only able to meet with Commander Zegarra Marín who told him that he was a friend of Coronel Matayoshi, and who asked him for five dollars for every passport that was issued; in response, Peruvian National Police Coronel José Matayoshi Matayoshi, Director of Migration and Naturalization, in his testimony of (…) pages stated that he never made any call at all to defendant Cárdenas Hurtado when the passport was seized from a Chinese immigrant in Jorge Chavez Airport, but instead he had ordered Commander Lozada Castro to conduct a thorough investigation into it; whereas defendant Cárdenas Hurtado also has stated that of the bunch of five hundred and twenty-five passports that were sent to him on April 6, 1994, there were only five hundred, having reported this fact, by means of a telephone call to his co-defendant Agustín Bladimiro Zegarra Marín, who answered him according to the report, that he should proceed as he has done on other occasions, that is, to replace the missing documents with old requests; that defendant Zegarra Marín has denied the charges that were made about him by his co-defendant Cárdenas Hurtado maintaining that he never learned of the irregular actions that were taking place in the Office of Migration of Tumbes, and that Peruvian National Police Captain Ramiro Araujo Sanchez and civilian Victor Salcedo Silva must make a statement with regard to the missing 25 passports; that in his testimony on pages (…), civilian Victor Salcedo Silvaque has testified that he delivered the 525 passports to defendant Cárdenas Hurtado directly, and that he even counted them and verified them, and this was why he signed to accept responsibility; in addition to that, there is also the testimony of Peruvian National Police Commander Julio Lozada Castro, Deputy Director of Migratory Control, who in his testimony of (…) pages, has testified that he cannot account for the claim made by Cárdenas Hurtado with regard to the 525 passports bound for Tumbes, because he signed with his own handwriting that he accepted and that they [the passports] had even been counted; that these statements square with the copies of the official letters in the case record on pages (…); based on the hierarchical organizational structure and the Manual of Organization and Functions of the Office of Migration and Naturalization (…), the Offices of the Chiefs of Migration are bodies that fall under the Office of the Deputy Directorship of Migratory Control and, therefore, the immediate superior of defendant Cárdenas Hurtado in his capacity as Chief of the Office of Migration of Tumbes was Commander Julio Lozada Castro; that according to the Handwriting Expert’s Report (…), it is concluded that the deep cherry colored Peruvian passport number (…) which appears with the name of Carlos Remo Manrique Carreño has been fraudulently authorized with regard to the signature and the post-signature of the person authenticating it, in other words, Commander Agustín Bladimiro Zegarra Marín; however, these additional pieces of evidence, do not fully disprove the charges made against him by his codefendants Cárdenas Hurtado and Moreno Palacios, inasmuch as the fact that these two individuals who are defendants in the proceedings have stood firmly by their accusations up through cross-examination conducted in the oral hearing leads this panel of judges to conclude that, even though it is true that there is no direct functional or administrative link between Cárdenas Hurtado and Zegarra Marín, it is also perfectly feasible that these defendants have departed from such parameters in order to act in collusion in carrying out the criminal acts such as the irregular issuance of the passports to obtain illegal economic benefits, all the more so because it has not been fully proven that Zegarra Marín was not aware of these events inasmuch as no compelling exculpatory evidence has emerged to make him totally innocent of the offenses