9
37.
In the charging document, a request was made to open an investigation and issue the
respective arrest warrants and for several individuals, including PNP Commander Agustín Bladimiro
Zegarra Marín, to be prevented from leaving the country under the warrant.11
38.
On October 21, 1994, the order was issued to open an ordinary investigation of several
different individuals, including Mr. Agustín Bladimiro Zegarra Marín, for crimes against the
administration of justice (aiding in the escape of a fugitive from justice), abuse of the authority to
authenticate official public documents (forgery of documents in general), and corruption of public
officials (passive bribery by members of the Police and active bribery of public officials by the civilians
charged), to the detriment of the State, and arrest warrants were issued for some of the defendants and
nationwide capture orders were issued for other defendants, including Agustín Zegarra Marín. An
injunction against the sale of the property was also issued for all of the defendants and an order was
issued to take the initial statements of different public officials.12
39.
On January 5, 1995, the Fifth Chamber for Criminal Matters of the Superior Court of
Lima ruled on the motion to appeal the arrest warrant filed by Mr. Agustín Bladimiro Zegarra Marín,
keeping that order in effect.13 The Court found that:
(…) the appellant is charged with the commission of crimes which, in addition to giving rise to
harm to several legally protected interests under the respective criminal statutes, are of a serious
nature, inasmuch as a high-ranking public official is involved; the accusations leveled against the
appellant by his now co-defendants, PNP Captain Roberto Cárdenas Hurtado and Warrant Officer
Luis Moreno Palacios, by means of statements made in the course of the preliminary
investigation, which are copied herein (…), because the statements were made before an Agent
of the Office of the Public Prosecutor, it [the statement] has evidentiary value; that,
consequently, it can be gathered that there is evidentiary material that links him as a participant
in the intentional commission of the crimes that are the subject matter of the open investigation;
that, accordingly, it is possible to determine that the punishment to be imposed on him will be
14
longer than four years of deprivation of liberty; (…)
40.
On June 30, 1995, the Fifth Chamber for Criminal Matters of the Superior Court of Lima
issued an order for the conditional release of Mr. Agustín Zegarra Marín, in finding that:
…based on the examination of the evidence on record in the instant motion, it can be concluded
that the bail situation of the defendant filing the motion [for conditional release] has obviously
changed inasmuch as, based on cross-examination of the testimony conducted in the
investigation of co-defendant Roberto Martín Cárdenas Hurtado, as well as contradictions
regarding the accusations leveled by Mr. Cárdenas Hurtado against the appellant in the
11
Annex 1. Office of the Public Prosecutor, Office of the Attorney General of the Nation, Office of the Ad Hoc
Prosecutor for the Alleged Illegal Departure from the Country of Carlos Manrique Carreño, signed by Tony Washington García
Cano, Provincial Prosecutor for Criminal Matters, October 21, 1994. Annex to petitioner’s submission received on November 6,
2001, and Annex to State’s submission of July 1, 2003.
12
Annex 2. Lima, October 21, 1994, signature illegible. Annex to petitioner’s submission received on November 6,
2001.
13
Annex 6. Case File 987-94-D, Judicial notification of January 5, 1995, signed by Raul Guevara Burga, Clerk, Fifth
Criminal Chamber of the Superior Court of Lima. Annex to the petitioner’s submission of April 27, 2009.
14
Annex 6. Case File 987-94-D, Court notice of January 5, 1995, signed by Raul Guevara Burga, Clerk, Fifth Criminal
Chamber of the Superior Court of Lima. Annex to the petitioner’s submission of April 27, 2009.