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the assessment of evidence presented before them regarding the relevant facts,
pursuant to the rules of logic and on the basis of experience.16
185. Based on the aforementioned, the Court will proceed to examine and assess
the documentary evidentiary elements forwarded by the Commission, the common
intervener, and the State in the different procedural opportunities or as evidence to
facilitate adjudication of the case requested. For this, the Tribunal will comply with
the principles of competent analysis, within the corresponding legal framework.
A)
DOCUMENTARY EVIDENCE
186. Among the documentary evidence presented by the parties, the Commission
and the common intervener forwarded testimonial statements and written expert
reports, in response to that stated by the President in his Ruling of May 24, 2006
(supra para. 65). Besides, another group of representatives presented testimonial
statements requested by the President as evidence to facilitate adjudication of the
case in said Ruling (supra para. 65). Finally, the intervener presented a written
testimonial statement that had not been requested by the President and asked that it
be admitted (supra para. 82). Said statements and expert reports are summarized
below:
Statements
a)
Proposed by the common intervener:
1.
Michael Stephen Bronstein, inmate of the Miguel Castro Castro
Prison at the time of the facts
He is a British citizen and during the time of the facts he was detained in the Miguel
Castro Castro Prison in pavilion 6A.
The women who were suspected of belonging to Sendero Luminoso were detained in
pavilion 1A. It was known in the prison that the authorities had decided to relocate
the women imprisoned for crimes against security in a new high security prison.
There were rumors regarding the realization of an inspection of large proportions. On
May 6, 1992 strong explosions awakened him, coming from pavilion 1A, which would
continue the following days. The police was throwing grenades from the roof, which
exploded on the outsides of the windows in order to keep the inmates far away from
them; they were also throwing fulminating grenades from helicopters through the
fans, that transported more soldiers to the inside of the criminal center. Due to the
intensity of the attacks on the first day he believes that their intent was to kill the
women. The latter tried to run through the conduits to pavilion 4 to save their lives.
On the third day the events were intensified. The authorities brought all the
prisoners together in pavilions 6A, 6B, and 5, and they were obliged to go out to the
courtyard and sit in rows without moving for 18 hours. During that time the witness
could hear on the news that the then President Fujimori had no intention of
negotiating. Towards the end of the “operative” the witness heard that Colonel
16
Cfr. Case of Almonacid Arellano et al., supra note 15, párr. 69; Case of Servellón García et al.,
supra nota 3, pára. 35; y Case of Ximenes Lopes, supra note 3, páras.. 44 y 48.