11
His twin brother, who had been sentenced to 30 years in prison in the first instance
by the military court, was released; actually, they should have released Luis Alberto.
His lawyer, Dr. Víctor Álvarez, filed a writ of habeas corpus, which was rejected on
two occasions. While he was awaiting a decision, naval officers interrogated him
regarding his brother’s whereabouts, first offering him freedom and later telling him
they had new evidence against him. This evidence consisted of a hand-drawn sketch
and some diagrams showing the placement of bombs, which, allegedly, he had
prepared along with another detainee, Margarita Clarivel Mateo, a person Cantoral
did not know. At DINCOTE, he gave handwriting samples to be compared with the
writing on the documents. Later he learned that, on the basis of this evidence, his
case was remitted to a regular court, for a new trial, which meant that he had to be
transferred to Lima. During the new trial, his lawyer was also Dr. Víctor Álvarez,
who requested that an expert witness for the defense analyze the handwriting, which
turned out not to be that of Cantoral-Benavides.
During said trial, he was accused of participating in the placement of bombs and of
allegedly training university students, and was sentenced to 20 years in prison. He
was transferred to the “Miguel Castro-Castro” prison, where he remained for almost
three and one-half years. Prisoners were held incommunicado in very small cells (3
per cell) for 23 and one-half hours per day, and allowed out into the sunlight for only
30 minutes a day. They were allowed to visit with relatives for one half hour per
month, but were separated from them by fences that made communication difficult
at best, and the prison was very overcrowded. He was allowed to have contact with
his lawyer for only five minutes, separated by the same fence, and always under the
watchful eyes of a guard and within earshot of the other prisoners and their lawyers.
Once his lawyer explained the situation to him, and realizing that there was no other
way to gain his release, he requested a pardon, even though he understood that a
person who is pardoned does not have his criminal record expunged. The processing
of the pardon took more or less a year. As a result of the pardon, he was released
on June 25, 1997. He was not compensated in any way for the more than four years
he was imprisoned, nor was his record expunged. In addition, his imprisonment
caused him psychological trauma and made it much more difficult for him to rejoin
society.
He was threatened during his incarceration at the naval base and while being taken
to the hearing before the Board of Pardons, and has been the object of threats since
his release.
His family has also been threatened.
He turned to Amnesty
International, which helped him get from Peru to Brazil, where he currently resides.
He is afraid to return to his homeland, and fears for his family. He has received no
psychological treatment.
b.
Testimony of Susana Villarán-de-la-Puente, journalist and
member of the Board of Directors of the National Coordination
Office for Human Rights.
In the 1980s, the State repressed subversive terrorist groups such as Sendero
Luminoso and the Movimiento Revolucionario Tupac Amaru, MRTA, through forced
disappearances and extrajudicial executions. In 1992, the State shifted from these
practices to arbitrary arrests and systematic torture, according to the National
Coordination Office for Human Rights. These practices coincided with the
implementation of the so-called anti-terrorism laws, all of which violated the principle
of due process in some way. People being detained did not denounce the torture for