25
l.
that on February 25, 1993, police affidavit No. 49-DIVICOTE 3DINCOTE was taken from Luis Alberto Cantoral-Benavides, in connection with
the crime of treason against the fatherland;28
ll.
that Luis Alberto Cantoral-Benavides was tried in the military
jurisdiction, together with other defendants in a joinder, for the crime of
treason against the fatherland, a trial in which the following acts took place:
i)
in a judgment rendered on March 5, 1993, the Special Naval
Court acquitted him, but ordered the transfer of all police and judicial
records to the Provincial Prosecutor of Lima duty, for study and
subsequent action;
ii)
in a judgment rendered on April 2, 1993, the Special Naval War
Council upheld the judgment of the Special Court and decided to
acquit him, but ordered the transfer of the file to the Provincial
Prosecutor for criminal cases, in the regular jurisdiction, for action.
The accused submitted an appeal for annulment of said judgment;
iii)
in a judgment rendered on August 11, 1993, the Special
Tribunal of the Supreme Council of Military Justice for Matters of
Treason Against the Fatherland acquitted him of the crime of treason
against the fatherland and ordered his immediate release. The Special
Deputy General Prosecutor submitted an extraordinary motion for
review; and
iv)
in a judgment rendered on September 24, 1993, the Full
Special Tribunal of the Supreme Council of Military Justice upheld the
acquittal of Luis Alberto Cantoral-Benavides, but ordered the transfer
of the records to the regular jurisdiction, where he was to be tried for
the crime of terrorism;29
m.
that the judge responsible for executing the judgment calling for the
release of Luis Alberto Cantoral-Benavides released, by mistake, on August
25, 1993, his twin brother Luis Fernando Cantoral-Benavides, who had been
Court on September 20, 1999; testimony of Susana Villarán-de-la-Puente, given before the Court on
September 20, 1999; testimony of Gladys Benavides-de-Cantoral, given before the Court on September
21, 1999; official letter from Luis Alberto Cantoral-Benavides’ lawyer, addressed to Blanca Nélida-Colán,
National Prosecutor, dated June 7, 1993; testimonies of Luis Guzmán-Casas, Juan Alberto Delgadillo,
Pedro Telmo Vega-Valle and María Elena Loayza-Tamayo, given in Peru in the Loayza-Tamayo Case;
testimony of Iván Bazán-Chacón, given before the Court beginning on February 5, 1997, in the LoayzaTamayo Case; and testimony of María Elena Loayza-Tamayo, given before the Court beginning on June 9,
1998, in the Loayza-Tamayo Case, reparations.
28
29
cfr. police affidavit No. 049-DIVICOTE 3-DINCOTE, dated February 25, 1993.
cfr. Judgment of March 5, 1993, rendered by the Special Navy Court; Prosecutor’s Report, of
March 12, 1993; judgment of April 2, 1993, rendered by the Special Navy War Council; judgment of
August 11, 1993, rendered by the Special Tribunal of the Supreme Council of Military Justice for Matters
Related to Treason Against the Fatherland; judgment of September 24, 1993, rendered by the Criminal
Branch of the Special Tribunal of the Supreme Council of Military Justice; police affidavit No. 049DIVICOTE 3-DINCOTE, dated February 25, 1993; testimony of Luis Alberto Cantoral-Benavides, given
before the Court on September 20, 1999; and testimony of Gladys Benavides-de-Cantoral, given before
the Court on September 21, 1999; testimony of Víctor Álvarez-Pérez, given before the Court on
September 21, 1999; testimony of Rosa María Quedena-Zambrano, given before the Court on September
21, 1999.