34 record were allegedly in his possession.” In addition, the Police described some documents which were allegedly stored in the hard disk of the computer seized from the alleged victim’s domicile, pointing out that they were “for the exclusive use of the members of the PCP-SL” (Partido Comunista Peruano, Sendero Luminoso, hereinafter “Shining Path”) and that other “encrypted documents” were stored in said computer which were to be examined later. In said police report Wilson García-Asto was charged with the alleged crime of terrorism, as it was allegedly “proven that he was a member of [Shining Path], operating for the ‘Organized Support’ of the Metropolitan Regional Committee Northern Area” of such organization. In their report, the police stated that the judicial bodies having jurisdiction to hear the case were the Forty-Third On-Duty Provincial Prosecutor (43 Fiscalía Provincial de Turno) and the Forty-Third On-Duty Magistrate’s Court (43 Juzgado de Instrucción de Turno). Regarding the criminal proceedings brought against Wilson García-Asto 97(19) On July 17, 1995, the Deputy Provincial Criminal Prosecutor in charge of the ad hoc Forty-Third Provincial Criminal Public Prosecutor’s Office for Terrorism of Lima (Cuadragésima Tercera Fiscalía Provincial Penal ad hoc de Terrorismo de Lima) brought criminal charges against Wilson García-Asto as alleged perpetrator of the crime of disturbance of public peace (terrorism) against the State, under the provisions of Articles 4 and 5 of Decree-Law No. 25.475, offering as evidence police report No. 071 (supra para. 97(18)). 97(20) On July 17, 1995 the Judge presiding over the Forty-Third Criminal Court of Lima (Cuadragésimo Tercer Juzgado Penal de Lima), based on the charges brought by the Public Prosecutor’s Office and the foregoing police report, issued an order so that pre-trial investigation proceedings be commenced against Wilson García-Asto for the crime of terrorism as described in Articles 4 and 5 of Decree-Law No. 25.475. At the same time, the Judge stated that it was “relevant to point out that giv[en] the nature of the crime under investigation and the special legislation regarding t[he] matter, paragraph (a) of Article 13 of Decree-Law [No. 25.475] w[as] to be strictly applied, whereby he […] issu[ed] an ARREST warrant.” 97(21) On July 20, 1995 Wilson García-Asto made a statement during the pre-trial investigation proceedings before the Judge presiding over the Forty-third Criminal Court of Lima (Cuadragésimo Tercer Juzgado Penal de Lima), in the presence of his counsel, wherein he ratified that the documents seized therefrom were not his (supra paras. 97(12) and 97(18)). The alleged victim ratified in part his police statement, declaring that he had never worked for Shining Path, nor had he used his computer to draw documents for said organization, and that it was not true that he delivered them medicines, clothes or supplies. 97(22) On September 18, 1995, María Beatriz Azcarate-Vidalón gave testimony, wherein she ratified her police statement (supra para. 97(17)), in that she did not know Wilson García-Asto. For his part, in the testimony given on that same day by Nicéforo Bartolomé Melitón-Cárdenas, he did not ratify the statement he had made before the police (supra para. 97(15)) and made it clear that he did not know Wilson García-Asto and that said person was not a member of Shining Path.