26
sentenced to 25 years in prison.
released;30
Luis Alberto Cantoral-Benavides was not
n.
that on September 23, 1993, Luis Alberto Cantoral-Benavides’
attorneys submitted a writ of habeas corpus to require the presence of the
Special Naval Investigating Judge identified with the code number BT10003000, and all other responsible parties, to execute the release ordered in
the 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. On September 24,1993, the 26th Criminal Court of Lima took the
writ under consideration and, in a decision rendered on September 29, 1993,
declared the writ of habeas corpus unfounded. On October 22, 1993, an
appeal for review was submitted to the Supreme Court of Peru, but it did not
succeed;31
ñ.
that Luis Alberto Cantoral-Benavides was
jurisdiction for the crime of terrorism, during which:
tried
in
the
regular
i)
on October 7, 1993, the Provincial Prosecutor’s Office for the
43nd District of Lima submitted a criminal indictment to the 43nd
Criminal Court of Lima;
ii)
on October 8, 1993, the 43nd Criminal Court of Lima ordered
the opening of the investigation stage of the trial;
iii)
in a judgment rendered on October 10, 1994, the Special
Criminal Branch of the Superior Court of Lima sentenced him to 20
years in prison for the crime of terrorism. Said sentence was appealed
by the petitioners; and
30
cfr. 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; official
letter from the Special Naval Investigating Judge of the Naval Investigating Court, to the Chairman of the
National Penitentiary Council, dated August 20, 1993; decision of the Special Navy Investigating Judge, of
August 17, 1993; order to open investigation stage of trial, of October 8, 1993, from the 43rd Criminal
Court of Lima; 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, of 1994; decision of September 21, 1993, from the Provincial Judge of the First Criminal
Court of Lima; judgment of September 29, 1993, rendered by the 26th Criminal Court of Lima; 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; testimony of Rosa María Quedena-Zambrano, given
before the Court on September 21, 1999; testimony of Elba Greta Minaya-Calle, given before to the Court
on September 21, 1999; and testimony of Luis Alberto Cantoral-Benavides, given in Peru in the LoayzaTamayo Case.
31
cfr. 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; writ of habeas corpus dated
September 23, 1993, on behalf of Luis Alberto Cantoral-Benavides, submitted to the Criminal Branch of
the Superior Court of Lima; decision of September 24, 1993, rendered by the 26th Criminal Court of Lima;
judgment of September 29,1993, rendered by the 26th Criminal Court of Lima; 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; testimony of Rosa María Quedena-Zambrano, given before the Court
on September 21, 1999; and testimony of Elba Greta Minaya-Calle, given before the Court on September
21, 1999.