8
38.
The evidence produced in the Loayza-Tamayo case was incorporated into the
evidence of the present case, as additional evidence (supra para. 32).4
39.
At the request of the Court, the State submitted documentation related to the
internal processing of the case (supra paras. 16, 17 and 26).5
Luis Alberto Cantoral-Benavides’ lawyer, addressed to the Special Branch of the Superior Court of Lima, of
September 6, 1994; brief from Luis Alberto Cantoral-Benavides lawyer, addressed to the Special Branch of
the Superior Court of Lima, of September 5, 1994; expert handwriting opinion issued by Julio Guillermo
Neira-Castro, of September 5, 1994; judgment of the Special Branch of the Superior Court of Lima, of
October 10,1994; judgment of the Supreme Court of Peru, of October 6, 1995; Supreme Decree No. 00693 DE/CCFFAA, of January 19, 1993, published January 22, 1993, which extends the state of emergency
in the Department of Lima and the Province of Callao; report of search of residence, of February 6, 1993;
report of personal search, of February 6, 1993; statement from Luis Alberto Cantoral-Benavides, at 10:30
a.m. on February 12, 1993, at the offices of DIVICOTE-3 DINCOTE; statement made by Luis Alberto
Cantoral-Benavides on February 28, 1993, before the Special Naval Investigating Judge, during the
investigation stage; brief from Luis Alberto Cantoral-Benavides’ lawyer, addressed to Special Naval War
Council, of March 19, 1993; official letter from Luis Alberto Cantoral-Benavides' lawyer, addressed to the
Special War Council, of April 12, 1993; brief from Luis Alberto Cantoral-Benavides’ lawyer, addressed to
the Special Naval Investigating Judge, of March 4, 1993; brief from Luis Alberto Cantoral-Benavides’
lawyer, addressed to the Special Branch of the Supreme Council of Military Justice, of May 17, 1993; brief
from Luis Alberto Cantoral-Benavides’ lawyer, addressed to the Special Branch of the Supreme Council of
Military Justice, of May 28, 1993; brief from Luis Alberto Cantoral-Benavides’ lawyer, addressed to the
National Prosecutor, Office of the Public Prosecutor of June 7, 1993; brief from Luis Alberto CantoralBenavides’ lawyer, addressed to the Special Branch of the Supreme Council of Military Justice, of July 22,
1993; certification from the person in charge of the Meeting of the Parties at the Special Branch for
Terrorism of the Supreme Court of Peru, of November 6, 1996; brief from Luis Alberto CantoralBenavides’ lawyer, addressed to the Special Navy Judge, of August 24, 1993; medical certificate 5313-L,
dated February 8, 1993, related to examination of Luis Alberto Cantoral-Benavides, and letter of
notification of detention of Luis Alberto Cantoral-Benavides.
4
cfr. the following legal provisions relate to the crimes of terrorism and treason against the
fatherland: Code of Criminal Procedure (Law No. 9024); Organic Law of Military Justice (Decree Laws
Nos. 23.214 and 23.201); Organic Law of the Tribunal of Constitutional Guarantees (Law No.23.385);
Peruvian Constitution of Peru of 1979; Peruvian Constitution of 1993; Law on Habeas Corpus and Civil
Rights Protection (Decree Law No. 23.506); Decree Law No. 24.150, regarding the rules that must be
obeyed in states of emergency when the armed forces assume control of internal order in all or part of the
national territory; Fundamental Law of the Government of National Emergency and Reconstruction
(Decree Law No. 25.418); Decree Law No. 25.499, which establishes the terms for granting the benefits of
commutation, exemption, remission, and mitigation of the sentences imposed on those liable in the
commission of crimes related to terrorism; Decree Law No. 25.708, regarding procedural rules in trials for
crimes related to treason against the fatherland; Decree Law No. 25.728, which empowers the
jurisdictional organs to convict in absentia those liable for the crimes of terrorism and treason against the
fatherland; Decree Law No. 25.744, referring to the rules applicable to the police investigation, the
investigation stage of the proceedings and the trial itself, as well as the serving of the sentence for the
crimes of treason against the fatherland contained in Decree Law No. 25.659, Law No. 26.248, which
modifies Decree Law 25.659; Regulations of the Law of Repentance (Supreme Decree No. 015-96-JUS);
testimonies of Luis Guzmán-Casas, Luis Alberto Cantoral-Benavides, Juan Alberto Delgaduillo, Pedro
Telmo Vega-Valle, and Mrs. María Elena Loayza-Tamayo, given in Peru in the Loayza-Tamayo Case;
testimonies of Víctor Álvarez-Pérez and Iván Bazán-Chacón, and from the experts Julio Maier, León Carlos
Arslanian and Héctor Faúndez- Ledezma, given before the Court beginning on February 5, 1997, in the
Loayza-Tamayo Case; and testimony from Mrs. María Elena Loayza-Tamayo, given before the Court
beginning June 9, 1998, in the Loayza-Tamayo Case, Reparations.
5
cfr. police affidavit No. 049 DIVICOTE-3-DINCOTE, of February 25, 1993; report of personal
search of Luis Alberto Cantoral-Benavides, of February 6, 1993; official letter CAH-ST-97-135, of May 16,
1997, from the General Coordinator of the ad hoc Commission created under Law 26.655, to the Public
Prosecutor responsible for the legal affairs of the Ministry of the Interior and in Charge of Special Affairs
Related to Terrorism, regarding the processing of the pardon of Luis Alberto Cantoral-Benavides; and a
note from the Legal Secretary WB-700229, in which he reported the judgment rendered by the Special
Tribunal of the Supreme Council of Military Justice in the case of Luis Alberto Cantoral-Benavides.