24
h.
that writs of habeas corpus could not be submitted on behalf of people
being tried for the crimes of treason against the fatherland and terrorism. On
November 25, 1993, with the promulgation of Lay No. 26.248, the
presentation of writs of habeas corpus for such crimes was permitted, except
“writs of habeas corpus based on the same facts and causes which are the
subject of a proceeding under way or already decided,” as in the case of Mr.
Cantoral-Benavides;24
i.
that Luis Alberto Cantoral-Benavides was displayed before the media,
wearing the striped garb of a prisoner, as a member of the Communist Party
of the Shining Path (hereinafter (“PCP-SL”) and as the perpetrator of the
crime of treason against the fatherland, even though he had not yet been
legally tried or convicted;25
j.
that Luis Alberto Cantoral-Benavides was subjected to physical
violence, including beatings with a club, during his transfer and upon his
arrival at the Cristo Rey prison in Cachiche;26
k.
that Luis Alberto Cantoral-Benavides spent the first year of his
incarceration in solitary confinement, in a small cell with no ventilation or
natural light, where he was held for twenty-three and a half hours a day; the
other half hour, he was allowed to be outside in a small yard. Also, he was
permitted to see his relatives only once a month, but could have no physical
contact with them; he was restricted from engaging in physical exercise or
intellectual efforts; and he suffered the consequences of overcrowding;27
Cantoral-Benavides, given before the Court on September 20, 1999; testimony of Gladys Benavides-deCantoral, given before the Court on September 21, 1999; testimony of Pedro Telmo Vega-Valle, given
before the Court on September 21, 1999; testimonies of Luis Guzmán-Casas, Juan Alberto Delgadillo, 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; and testimony of María Elena Loayza-Tamayo,
given before the Court beginning on June 9, 1998, in the Loayza-Tamayo Case, reparations.
24
cfr. Decree Law No. 23.506 (Law on Habeas Corpus and Civil Rights Protection), approved on
December 7, 1982, Articles 6 and 38; Decree Law No. 25.659 (crime of treason against the fatherland), of
August 13, 1992, Article 6; Law No. 26.248 (modifying Decree Law No. 25.659 as regards writs of habeas
corpus in cases of terrorism and treason against the fatherland), of November 25, 1993, Article 2;
testimony of Luis Alberto Cantoral-Benavides, given before the Court on September 20, 1999; testimony
of Víctor Álvarez-Pérez, given before the Court on September 21, 1999; and testimony of Víctor ÁlvarezPérez, given before the Court beginning on February 5, 1997.
25
cfr. testimony of Luis Alberto Cantoral-Benavides, given before the Court on September 20,
1999; testimony of Gladys Benavides-de-Cantoral, given before the Court on September 21, 1999;
testimony of Pedro Telmo Vega-Valle, given before the Court on September 20, 1999; testimony of
Susana Villarán-de-la-Puente, given before the Court on September 20, 1999; newspaper article entitled
“Caen 14 Senderistas que mataron ocho soldados y dinamitaron 2 Comisarias,” newspaper La Republica –
Lima, Saturday, February 27, 1993; police affidavit No. 049-DIVICOTE 3-DINCOTE, dated February 25,
1993; testimonies of Luis Guzmán-Casas, Luis Alberto Cantoral-Benavides, Juan Alberto Delgadillo, Pedro
Telmo Vega-Valle and María Elena Loayza-Tamayo, given in Peru in the Loayza-Tamayo Case; and
testimony of María Elena Loayza-Tamayo, given before the Court beginning on June 9, 1998, in the
Loayza-Tamayo Case, reparations.
26
cfr. testimony of Luis Alberto Cantoral-Benavides, given before the Court on September 20,
1999; 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; testimonies of Luis
Guzmán-Casas and Pedro Telmo Vega-Valle, given in Peru in the Loayza-Tamayo Case; official letter from
Luis Alberto Cantoral-Benavides’ lawyer, addressed to Blanca Nélida-Colán, National Prosecutor, dated
June 7, 1993.
27
cfr. Decree Law No. 25.744, of September 27, 1992, Article 3; Decree Law No. 25.475 (Crime of
Terrorism), of May 5, 1992, Article 20; testimony of Luis Alberto Cantoral-Benavides, given before the