35
7.
Luis F. Jiménez, eyewitness to the facts of May 199217
He was the attorney for the Executive Secretariat of the Inter-American Commission
of Human Rights at the time of the facts. On May 6, 1992 he was contacted by a
relative of one of the inmates, who asked him to come to the criminal center “as
soon as possible, since an operative of combined forces of the Army and Police to
transfer the inmates to a different criminal center had started, and it was considered
by the next of kin as an excuse to carry out what they called a ‘genocide’.”
On that same day the witness went to the criminal center along with a security
official appointed by the State. He met with the Director of the criminal center,
Colonel Gabino Cajahuanca, in the outsides of the center. The latter told the witness
that “he feared a massacre” and requested that the Commission adopt measures.
The colonel also informed him that he had been removed the power to make
decisions, “since the control of the criminal center had been assumed by a special
police force unit.”
According to the information provided by different sources, the witness could prove
that the prisoners had not carried out a riot, “instead it had been a violent unilateral
action carried out by police forces.”
On the night of May 7, 1992 he was informed by a group of relatives of the inmates,
accompanied by their attorneys, that “the prisoners accepted their transfer under the
condition that representatives of the Human Rights Commission of the OAS and the
Red Cross be present.” On the next day this was communicated personally to the
Secretary of Justice, but he never received a response from the latter. The highest
governmental authorities were aware of the offer made by the prisoners in
acceptance of their transfer.
On May 9, 1992 he went to the criminal center in company of the President of the
Episcopal Conference. He could notice that “[t]he bombing against the pavilion was
really impressive.” He tried to get close to the door of the criminal center but the
armed forces “fired dissuasive shots.” He also observed that there was uniformed
personnel, which he considered were part of “combined Military and Police forces […,
and there was also] helicopters over flying [, …] rifle shots[,] detonations of weapons
of a large caliber [and] a large number of shielded vehicles.” He also heard
invocations through megaphone offering to respect the life of those who
surrendered, but immediately afterwards he heard gunshots that he assumed “were
destined to eliminate those they had intended to.”
After these events, the Peruvian authorities did not immediately supply a list of those
injured, dead, and the survivors. Entrance to the criminal center Castro Castro was
not permitted, but it was allowed at the prison of Santa Mónica, the morgue, and the
Police Hospital. When he visited the prison of Santa Mónica, where some of the
survivors of the facts were transferred, he observed that these women “were still
dirty with the dust from the criminal center and splashed with blood.” Likewise, he
was impressed with “the overcrowding of the inmates.”
17
In the President’s ruling of May 24, 2006 (supra para. 65) the object of this statement was
delimited so that it would refer only “regarding the facts that occurred in the Miguel Castro Castro Prison
in his condition of eyewitness of the facts of May 1992, pursuant to the terms established in the Whereas
37 of the […] Ruling.” According to that stated in said Rulin the witness should refer to the facts of which
he had personal and direct knowledge.