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against alleged members of Sendero Luminoso for the crime of treason before the
Navy’s Special Trial Judge, who, that same day, ordered the opening of the pre-trial
investigation and the taking of evidence.
60(28) On February 8, 1993, the Navy’s Special Trial Judge delivered a judgment
convicting Hernán Ismael Dipas Vargas “Benjamín”, José Marcos Iglesias Cotrina
“Oscar”, Percy Glodoaldo Carhuaz Tejada “Martín”, Yuri Higinio Huamani Gazani
“Sergio” and Juan Ricardo Peña Bardales “Alfredo” or “Alejandro,” for the crime of
treason. All those convicted were sentenced to life imprisonment, except for Juan
Ricardo Peñas Bardales, who was sentenced to 20 years’ imprisonment and Fidel
Moisés Ataurima, who was acquitted. In addition, Margot Cecilia Domínguez Berrospi
“Edith” and Daniel Ascencio Espinoza were found guilty of treason and sentenced in
absentia to life imprisonment.
60(29) On March 7, 1993, the Special Council of War for the Naval Judicial Zone
confirmed the judgment of the Navy’s Special Trial Judge, but modified it with regard
to Juan Ricardo Peña Bardales, increasing the sentence to 30 years’ imprisonment. It
also decided to confirm that Fidel Moisés Ataurima was acquitted of the crime of
treason but ordered that he should be investigated for the crime of terrorism.
60(30) On March 30, 1993, after the capture, inter alia, of Margot Cecilia Domínguez
Berrospi, who had been sentenced in absentia in the investigation into the murder of
Pedro Huilca Tecse (supra para. 60(28)), DINCOTE expanded the information
provided by the police in the investigation in attestation No. 076-D1-DINCOTE. On
that occasion, Margot Cecilia Domínguez Berrospi and Rafael Uscata Marino were
accused of allegedly having participated in the murders of Pedro Huilca Tecse, of the
PNP officer, José Luis Vega Napa, on December 22, 1992, and of the PNP captain,
Marco Antonio Velásquez Colchado, on March 2, 1993.
60(31) On June 15, 1993, when deciding on an appeal for declaration of nullity, the
Special Court of the Supreme Council of Military Justice for matters relating to
treason confirmed the judgment of the Special Council of War of the Naval Judicial
Zone of March 7, 1993 (supra para. 60(29)), on the sentence of life imprisonment
for the crime of treason imposed on the persons indicated above (supra para.
60(28)). It also revoked the judgment convicting Daniel Ascencio Espinoza and Juan
Ricardo Peña Bardales, and confirmed the acquittal of Fidel Moisés Ataurima, all in
relation to the crime of treason, and forwarded the file to the acting prosecutor in the
ordinary jurisdiction, so that Daniel Ascencio Espinoza, Juan Ricardo Peña Bardales
and Fidel Moisés Ataurima could be investigated for the crime of terrorism.
60(32) The trial in the military jurisdiction was annulled by the National Terrorism
Chamber in judgments of February 26 and March 25, 2003, in compliance with the
Constitutional Court’s judgment No. 010-2002-AI/TC of January 3, 2003.
60(33) By decisions of March 7 and April 2, 2003, the Fourth Criminal Court for
matters relating to terrorism opened a new proceedings in the ordinary jurisdiction
for the crime of terrorism against Margot Cecilia Domínguez Berrospi, Rafael Uscata
Marino, Hernán Ismael Dipas Vargas, José Marcos Iglesias Cotrina, Percy Glodoaldo
Carhuaz Tejada and Yuri Higinio Huamani Gazani.
60(34) On December 17, 2003, the Fourth Criminal Court for matters relating to
terrorism issued its final report, which stated that, from the investigations
conducted, it was clear that the defendants, “as members of the terrorist group,
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