32
73(11) Rolando Estrada Yarleque was sentenced to two years’ imprisonment
for the crime of terrorism, in a judgment of the Twelfth Correctional Court of
the Superior Court of Justice of Lima, delivered on February 21, 1991. This
sentence was modified on May 18, 1992, by the National Corporative Superior
Criminal Chamber for Terrorism Cases of the Lima Superior Court of Justice,
which declared that the section imposing the penalty was null, modified the
penalty imposed, and ordered the release of Rolando Estrada Yarleque. In
the same judgment, the Criminal Chamber decided to restrict the trial for the
facts to María Teresa De La Cruz Flores alone (supra para. 73(8)), and to reissue orders for her arrest (infra paras. 73(30) and ff.).41
Second detention of María Teresa De La Cruz Flores and the corresponding
proceedings against her
73(12) Mrs. De La Cruz Flores was again deprived of her liberty on March 27,
1996, for facts unrelated to the first detention (hereinafter “the second
detention”). At the time, she was not presented with the corresponding court
order. She was taken to the police station, where she was notified that her
arrest resulted from a requisition in case file No. 113-95.42
73(13) Case file No. 113-95 had been opened as the result of the seizure of
various documents from six individuals, which resulted in police deposition
No. 099-DIVICOTE IV-DINCOTE of September 14, 1995, and expanded police
deposition No. 106-DIVICOTE IV-DINCOTE of October 9, 1995, both prepared
by DINCOTE.43
73(14) The expanded police deposition No. 106-DIVICOTE IV-DINCOTE
prepared by DINCOTE on October 9, 1995, presumed the guilt of María Teresa
De La Cruz Flores, based on the contents of the documents seized from six
persons that mentioned an alleged woman pediatrician, who operated under
the alias of “Elíana”. From the contents of these documents, DINCOTE
considered that the alleged victim was “fully identified” as “Elíana”; [and also]
“her links [...] to the organization [...] Sendero Luminoso, for which she
performed different medical activities, including operations and supplying
Corporative Criminal Chamber for Terrorism Cases of the Lima Superior Court of Justice in file No. 723-93
(file of appendixes to the application, appendix 27, folios 282 to 288); and judgment delivered on June
15, 2000, by the Criminal Chamber of the Supreme Court of Justice in file 1432-99 (file of appendixes to
the application brief, appendix 28, folios 290 to 291).
41
Cf. judgment delivered on February 21, 1991, by the Twelfth Correctional Court of the Superior
Court of Justice of Lima in file No. 257-90 (file of appendixes to the application, appendix 26, folios 276 to
278); and judgment delivered on May 18, 1992, by the National Superior Criminal Chamber for Terrorism
Cases of the Lima Superior Court of Justice in file 510-91 (file of appendixes to the application, appendix
26, folios 279 and 280).
42
Cf. certification of notification of detention of March 27, 1996 (file of appendixes to the
application, appendix 13, folio 120); and sworn written statement made by María Teresa De la Cruz Flores
on May 28, 2004, before notary public (file of appendixes to the brief answering the application and
affidavits, folios 808 to 818).
43
Cf. police deposition No. 099-DIVICOTE IV-DINCOTE of September 14, 1995 (file of helpful
evidence presented by the State, tome II, folios 1741 to 1849); and expanded police deposition No. 106DIVICOTE IV-DINCOTE of October 9, 1995 (file of appendixes to the final written arguments, appendix 1
to the final written arguments of the Inter-American Commission on Human Rights, folios 1198 to 1218).
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