40
of residence, or change the domicile indicated in the case file, without the
prior authorization of the court; b) to appear when summoned by the court or
the corresponding criminal chamber, for activities inherent in the pre-trial
investigation or the hearing sessions, during the oral proceeding, if
applicable; c) not to visit dwellings, closed premises or places open to the
public that are linked to terrorist activities or in which such activities take
place, or where there is propaganda related to such activities or activities of
collaboration; d) to appear personally and obligatorily at the court at the end
of each month to provide information on her activities and sign the
corresponding register of control; e) not to visit prisoners for the crime of
terrorism or establish contact with them by any means, except in the case of
the defendant’s next of kin in the ascending and descending line, spouse or
companion; f) prohibition to make declarations to the mass media, such as
the press, radio and television on issues relating to the criminal investigation
underway, which is of a confidential nature. The decision also established that
María Teresa De La Cruz Flores could not leave the country.79
73(48)
Mrs. De La Cruz Flores was released from prison on July 9, 2004.80
73(49) On July 13, 2004, the Titular Provincial Prosecutor the Office of the
Fourth Prosecutor specializing in crimes of terrorism filed an appeal contesting
the decision of July 8, 2004, that ordered the detention order to be changed
to one of conditional appearance in favor of Mrs. De La Cruz Flores.81
73(50) On August 10, 2004, the Fourth Criminal Court for terrorism declared
the plea based on the nature of the proceeding filed by the alleged victim’s
lawyer inadmissible (supra para. 73(42)).82 Mrs. De La Cruz Flores’ lawyer
filed an appeal against this decision on September 1, 2004.83
73(51) On August 16, 2004, the Fourth Criminal Court for terrorism declared
the plea based on extinguishment filed by the alleged victim’s lawyer
inadmissible (supra para. 73(42)).84 Mrs. De La Cruz Flores’ lawyer filed an
appeal against this decision on September 15, 2004.85
79
Cf. decision issued by the Fourth Criminal Court for terrorism in file Nº 531-03 on July 8, 2004
(file on merits and reparations folios 781 to 789).
80
Cf. certification of release from prison issued on July 9, 2004, by the PNP Colonel, Director of the
Chorrillos maximum security Women’s Prison (file of appendixes to the final written arguments, appendix
2 to the final written arguments of the alleged victim’s representatives, folio 1114).
81
Cf. appeal filed by the Titular Provincial Prosecutor the Office of the Fourth Prosecutor specializing
in crimes of terrorism of July 13, 2004 (file on merits, reparations, and costs, tome V, folios 1257 to
1258).
82
Cf. decision issued by the Fourth Criminal Court for terrorism on August 10, 2004 (file on merits,
reparations, and costs, tome IV, folios 1280 to 1282).
83
Cf. appeal filed by Jorge Olivera Vanini before the Fourth Criminal Court for Crimes of Terrorism
on September 1, 2004 (file on merits, reparations, and costs, tome V, folios 1283 to 1287).
84
Cf. decision issued by the Fourth Criminal Court for Terrorism on August 16, 2004 (file on merits,
reparations, and costs, tome IV, folios 1264 to 1267).
85
Cf. appeal filed by Jorge Olivera Vanini before the Fourth Criminal Court for Crimes of Terrorism
on September 15, 2004 (file on merits, reparations, and costs, tome V, folios 1268 to 1270).
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