75
197(59)
Between the days of May 6 and 12, 1992 several newspapers of Peru
published articles in which they made reference to the inmates that occupied
pavilions 1-A and 4-B of the criminal center classifying them as “inmates for
terrorism”, “terrorists”, and “terrorist criminals”. Some of the newspaper articles had
the following titles: “unos 600 terroristas siguen en evidente rebeldía”, “600
terroristas hombres y mujeres amotinados en el pabellón 4B del penal Castro Castro,
depusieron su actitud de rebelde y se rindieron”, “470 terroristas se rinden tras
infernal balacera en Canto Grande”, and “pabellón 4B asilo para terroristas”.99
Investigations and Processes in Judicial Courts
197(60)
On May 11, 1992 experts of the Central Criminal Laboratory performed
a physical chemical exam in pavilions 4B and 1A. During the technical chemical
inspection rubble and goods, as well as bodies were removed and transferred to the
Central Morgue of Lima, in presence of the Examining Judge on Duty. Likewise,
forensic medical, toxicological, and alcohol level, ballistic, and atomic absorption
expert tests were performed.100 Records of the removal of the bodies were not
prepared. The autopsy certificates and forensic medical reports were limited to
describing the wounds suffered by the mortal victims and the injuries found in some
of the wounded. In said reports there is no mention of the bullets recovered from the
victims’ bodies.101
Police Investigations
197(61)
On August 7, 1992 Police Report No. 322 IC-H-DDCV, which included
the “result of the investigation of the events occurred in the Criminal Establishment
‘Miguel Castro Castro’ on the days of May 6 to 10, 1992”, as a consequence of
“Operative Transfer 1” was prepared. The mentioned report established, inter alia,
that as a consequence of the execution of “Operative Transfer 1” 40 inmates accused
of terrorism died, and that “the police personnel that participated in the dismantling
of the riot movement within [the criminal center had] acted within the legal
newspaper article titled “Terroristas se atrincheran en pabellón y atacan con balas, dinamitazos y ácido”
published in the newspaper “La República” on May 7, 1992; newspaper article titled “470 terroristas se
rinden tras infernal balacera en Canto Grande” published in the newspaper “La República” on May 10, 192
(dossier of appendixes to the petition, appendixes 45 and 71, folios 1024 and 1170); written testimonial
statement offered by César Mamaní Valverde (dossier on merits and possible reparations and costs,
Volume VII, folio 2031); different forms of written testimonial statements offered by surviving inmates
and the next of kin of surviving and dead inmates (dossier of appendixes to the brief of pleadings and
motions, appendixes between 317 and 412, folios 3643 through 4933); testimonial statement offered by
Gaby Balcázar Medina in the public hearing before the Inter-American Court held on the 26th and 27th days
of June 2006; and different forms of written testimonial statements offered by surviving inmates and the
next of kin of surviving and dead inmates (evidence presented by the other group of representatives of
the alleged victims and their next of kin).
99
Cfr. Newspaper articles published in the newspapers El Expreso, La República, El Comercio, La
Nación on May 7, 8, 10, and 12, 1992 (dossier of appendixes to the petition, appendixes 46, 51, 71, and
73, folios 1024, 1068, 1170, and 1180).
100
Cfr. Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27,
2003, in the city of Lima, Peru, Volume VII, section 2(68), Extrajudicial killings in the criminal center
Canto Grande, page 784 (dossier of appendixes to the petition, appendix 6, corresponding to a compact
disc).
101
Cfr. Autopsy certificates and forensic medical reports (dossier of appendixes to the petition,
appendixes 279 and 280, folios 3285 through 3385).