27
iv)
in a judgment rendered on October 6, 1995, the Supreme Court
of Peru upheld the judgment of October 10, 1994;32
o.
that DINCOTE formulated the legal definition of the crime which was
used as the foundation for the proceedings before the military and regular
courts; that in cases involving the crime of treason against the fatherland and
terrorism a summary proceeding is conducted by “faceless” judges; and that
Luis Alberto Cantoral-Benavides was judged by “faceless” judges in both
jurisdictions;33
p.
that in the military trial of Luis Alberto Cantoral-Benavides his defense
lawyer faced difficulties in gaining access to the file, being given only one
afternoon to study same and prepare his arguments; he was not allowed to
speak openly and in private with his client; and he was given only fifteen
minutes to present his oral arguments; neither Cantoral-Benavides nor his
defense lawyer were notified of some of the aspects of the military criminal
proceedings; he had difficulty in gaining access to evidence and contesting it;
and hearings were held in military or penitentiary facilities, and were not open
to the public;34
q.
that during the trial in the regular jurisdiction for the crime of
terrorism, and even though Luis Alberto Cantoral-Benavides was able to
32
cfr. criminal indictment of October 7, 1993, from the Provincial Prosecutor for the 43rd District of
Lima; order to open investigation stage of trial, of October 8, 1993, issued by the 43rd Criminal Court of
Lima; judgment of October 10, 1994, rendered by the Special Criminal Branch of the Superior Court of
Lima; judgment of October 6, 1995, rendered by the Supreme Court of Peru; testimony of Luis Alberto
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 Víctor Álvarez-Pérez, given before
the Court on September 21, 1999; and testimony of Rosa María Quedena- Zambrano, given before the
Court on September 21, 1999.
33
cfr. Decree Law No. 25.659 (Crime of Treason Against the Fatherland) of August 13, 1992,
Articles 4, 5 and 7; Decree Law No. 25.475 (Crime of Terrorism) of May 5, 1992, Articles 12,13 and 15;
Decree Law No. 25.708 (Rules of procedure in trials for treason against the fatherland) of September 10,
1992, Article 1; Decree Law No. 25.744, (Rules applicable to the police investigation, the investigation
stage of the proceedings and the trial itself, as well as carrying out the sentence for the crimes of treason
against the fatherland contained in Decree Law No. 25.659), of September 27, 1992, Article 1 and 2;
Decree Law No. 23.204 (Code of Military Justice), of July 25, 1980, Articles 710-712, 715-717; police
affidavit No. 049 DIVICOTE-3-DINCOTE, dated February 25, 1993; report prepared by the task force
comprising representatives of the Ministries of Justice, Interior, Defense and Foreign Relations, as well as
the Office of the Public Prosecutor and the Judicial Branch of Peru, from 1994; Report No. 057-95JUS/CNDH-SE-DPDDH, from the Director for the Promotion and Dissemination of Human Rights, dated
May 3, 1995; testimony of Luis Alberto Cantoral-Benavides, given before the Court on September 20,
1999; testimony of Susana Villarán-de-la-Puente, given to the Court on September 20, 1999; testimony of
Víctor Álvarez- Pérez, given before the Court on September 21, 1999;and testimonies from Víctor ÁlvarezPérez and Iván Bazán-Chacón, given before the Court beginning on February 5, 1997, in the LoayzaTamayo Case.
34
cfr. Decree Law No. 25.744, (Rules applicable to the police investigation, the investigation stage
of the proceedings and the trial itself, as well as carrying out the sentence for the crimes of treason
against the fatherland contained in Decree Law No. 25.659), of September 27, 1992, Article 2.b) and c);
Decree Law No. 25.475 (Crime of Terrorism) of May 5, 1992, Article 13.c, 14, 15, and 16; Decree Law No.
25.708 (Rules of procedure in trials for treason against the fatherland), of September 10, 1992, Article 1;
testimony of Luis Alberto Cantoral-Benavides, given before the Court on September 20, 1999; expert
testimony from Arsenio Oré-Guardia, given before the Court on September 21, 1999; testimony of Víctor
Álvarez-Pérez, given before the Court on September 21, 1999;and testimony of Víctor Álvarez-Pérez and
Iván Bazán-Chacón, given before the Court beginning on February 5, 1997, in the Loayza-Tamayo Case.