34
73(20) On the same date, the Fourteenth Criminal Court of Lima issued a
order to open the pre-trial investigation against María Teresa De La Cruz
Flores and others, because they “were members of the Peruvian Communist
Party (Sendero Luminoso), and had provided medical attention, treatment
and operations, supply of medicines and medical instruments for the care of
criminal terrorist[;] acts [that] constitute the crime established and penalized
in Article 4 of Decree Law No. 25,475.”50
73(21) On March 28, 1996, María Teresa De La Cruz Flores made her
preliminary statement denying the charges against her.51
73(22) On April 1, 1996, the Prosecutor of the Lima Fourteenth Provincial
Prosecutor’s Office issued his report and stated “that, in the civil proceedings,
the CRIMINAL LIABILITY of the defendant, MARIA TERESA DE LA CRUZ
FLORES, HAS NOT BEEN PROVED, or that she committed the crime of
terrorism-acts of collaboration harmful to the State.” He also indicated that
the defendants acted “under threat that overcame their resistance[,] as a
result of coercion.”52
73(23) On June 7, 1996, the Lima Superior Prosecutor issued his report, in
which he suggested to the Criminal Chamber that there were no grounds for a
trial against María Teresa De La Cruz Flores, because her “participation [...]
had consisted in providing medical care to militants.”53
73(24) The Special Terrorism Chamber of the Lima Supreme Court did not
admit either of these two reports (supra paras. 73(22 and 73(23)) and on
July 3, 1996, decided to submit the case records to the office of the Supreme
Criminal Prosecutor.54
73(25) On October 16, 1996, the hearing at the oral proceeding stage was
initiated, in private.55
50
Cf. order to open the pre-trial investigation issued by the Fourteenth Criminal Court issued in file
No. 94-95 on September 16, 1995 (file of appendixes to the application, appendix 16, folios 127 to 131).
51
Cf. statement made by María Teresa De la Cruz Flores in the pre-trial investigation on March 28,
1996 (file of appendixes to the application, appendix 17, folios 133 to 137).
52
Cf. opinion of the Titular Provincial Prosecutor of the Fourteenth Provincial Criminal Prosecutor’s
Office of Lima issued on April 1, 1996 (file of appendixes to the application, appendix 18, folios 139 to
171).
53
Cf. opinion of the Superior Prosecutor issued on June 7, 1996 (file of appendixes to the
application, appendix 19, folios 173 to 181).
54
Cf. report of the Special Terrorism Chamber of the Lima Supreme Court issued on July 3, 1996
(file of appendixes to the application, folios 183 to 186).
55
Cf. record of the hearing of October 16, 1996 (file of helpful evidence presented by the State,
tome X, folios 6509 to 6510); record of the hearing of October 23, 1996 (file of appendixes to the
application, appendix 21, folios 188 to 193); record of the hearing of October 30, 1996 (file of appendixes
to the application, appendix 22, folios 195 to 199); and record of the hearing of November 5, 1996 (file of
appendixes to the application, folios 201 to 205).
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