7 IV. PROVEN FACTS 32. In 1994, Peruvian National Police Commander Agustín Bladimiro Zegarra Marín, who was married and the father of 5 minor children, was serving as the Deputy Director of Passports of the Office of Migration and Naturalization of Peru, which had jurisdiction over Lima and Callao.1 Pursuant to the hierarchical organizational structure of the Office of Migration and Naturalization at that time, the Offices of the Chiefs of Migration were located outside of Lima (in the provinces), and were under the Office of the Deputy Directorship of Migratory Control2 and, therefore, they did not have any functional or hierarchical relationship with Mr. Zegarra Marín. 33. In 1994, it was reported in the media that passports had been issued irregularly, including the passport of Mr. Carlos Manrique Carreño, the former president of the organization onceknown as CLAE, for whom an international arrest warrant had been issued because he had been convicted in 1993 to a five-year prison term for property crimes. Mr. Carlos Manrique Carreño was apprehended in New York (USA) traveling on an irregularly issued passport, allegedly signed by Commander Zegarra Marín. 34. On October 21, 1994, the Peruvian National Police issued report No. 079-IC-DIVISE, providing an account of the steps taken in the investigation into crimes allegedly committed by agents of the PNP against public administration, against the administration of justice, and in abuse of authority to authenticate public documents, to the detriment of the State (passport forgery), which took place from April to October 1994, in Lima and in Tumbes (border with Ecuador).3 In said report, an account is also given about the arrest of 7 individuals, which did not include Mr. Zegarra Marín, as alleged participants in the commission of the aforementioned crimes. As for the examination of the facts, the report notes, among other things, that “since the beginning of the investigations, PNP Captain Roberto Martín Cárdenas Hurtado fully cooperated in clarifying the facts,” he stated that 81 passports were not processed or issued under the law, and that together with PNP member Luis Augusto Moreno Palacios, who had been previously contacted by another member of the PNP in Lima, they sold him the 81 blank passports for him to fill them out with the names of Chinese citizens and undocumented foreign nationals, drug traffickers, or common criminals, in order for them to be able to enter the US and elude criminal liability.4 35. Additionally, on October 21, 1994, Ad Hoc Prosecutor Tony Washington García Cano brought criminal charges against 6 members of the PNP, including PNP Commander Agustín Zegarra 1 Annex 5. Case File Nº 987-94 5th Chamber for Criminal Matters, Submission of May 2, 1996, signed by Mario Armando Caverio Vlaochaga, Prosecuting Attorney before the Superior Court, 5th Office of the Prosecutor for Criminal Matters before the Superior Court of Lima. Annex to State’s submission of April 29, 2005; and Annex 4. Case File No. 987-94, Superior Court of Justice of Lima, Fifth Chamber for Criminal Matters, Judgment of November 8, 1997, signed by Príncipe Trujillo, Chief Justice and D.D [Doctors in Law], Díaz Mejía, Member of the Court, Ruiz Cueto, Member of the Court, and Darcy Zegarra Molina, Clerk of the Court. Annex to petitioner’s submission received on November 6, 2001. 2 Annex 4. Case File No. 987-94, Superior Court of Justice of Lima, Fifth Chamber for Criminal Matters, Judgment of November 8, 1997, signed by Príncipe Trujillo, Chief Justice and D.D, Díaz Mejía, Member of the Court, Ruiz Cueto, Member of the Court, and Darcy Zegarra Molina, Clerk of the Court. Annex to petitioner’s submission received on November 6, 2001. 3 Annex 13. Peruvian National Police. Report No. 079-IC-DIVISE of October 21, 1994. Annex to petitioner’s submission of November 6, 2001. 4 Annex 13. Peruvian National Police. Report No. 079-IC-DIVISE of October 21, 1994. Annex to petitioner’s submission of November 6, 2001.