35
73(26) Mrs. De La Cruz Flores and her lawyers had very limited access to
her case file, which made it difficult to know the details of the facts she was
accused of, and even the identity of those she was alleged to have treated.56
73(27) On November 21, 1996, the Special Criminal Chamber of the Lima
Superior Court of Justice, constituted in a “faceless” tribunal, delivered
judgment convicting Mrs. De La Cruz Flores and others, and sentenced her to
20 years’ imprisonment for terrorism, under Article 4 of Decree Law No.
In this
25,475 (hereinafter “the judgment of November 21, 1996”).57
judgment, the Chamber considered that “[the case file] contained
documentation from 1992 [...], which implicated the defendant, and in which
she appears with the alias ‘Elíana’; one of these documents refers not only to
meetings with the defendant, but there is also an analysis of her doctrinal and
ideological evolution within the organization; there are descriptions of talks
[...] she has given, as a physician; that she has taken part in an operation as
the assistant surgeon, and of problems within the health sector, all of which
has been corroborated [...] by the defendant, Elisa Mabel Mantilla Moreno,
who, in the presence of the Prosecutor states that, on one occasion, she met
with María Teresa De la Cruz on the orders of her ‘handler,’ to coordinate
several matters; […] the same defendant […] accuses her of being one of the
supportive elements responsible for providing treatment and performing
operations; [...] accuses her of participating in an operation on ‘Mario’ whose
hand had been burned, which corroborates the foregoing; namely, that she
took part as assistant surgeon in a skin-grafting operation; and it is evident
that the defendant has denied this during the proceeding so as to elude her
criminal liability, which has been adequately proved.”58
73(28) The judgment of November 21, 1996, admitted [sic] de oficio the
special appeal for annulment, “because it was a matter contrary to the
interests of the State,” and ordered that the case file should be remitted to
the Supreme Criminal Prosecutor.59
73(29) On June 8, 1998, the Corporative Criminal Chamber for Terrorism
Cases of the Supreme Court of Justice confirmed the judgment of November
21, 1996 (supra paras. 73(27 and 73(28)).60
Proceedings against Mrs. De La Cruz Flores as a result of the first detention
73(30) During the initial stages of the proceedings opened as a result of the
second detention of María Teresa De La Cruz Flores, she was informed that
she was also implicated in another proceeding that was being processed
56
Cf. 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).
57
Cf. judgment delivered by the Special Criminal Chamber of the Lima Superior Court of Justice on
November 21, 1996 (file of appendixes to the application, appendix 24, folios 207 to 254).
58
Cf. judgment delivered by the Special Criminal Chamber of the Lima Superior Court of Justice on
November 21, 1996 (file of appendixes to the application, appendix 24, folios 207 to 254).
59
Cf. judgment delivered by the Special Criminal Chamber of the Lima Superior Court of Justice on
November 21, 1996 (file of appendixes to the application, appendix 24, folios 207 to 254).
60
Cf. judgment delivered by the Corporative Criminal Chamber for Terrorism Cases of the Supreme
Court of Justice on June 8, 1998 (file of appendixes to the application, appendix 25, folios 256 to 272).
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