52
that the arrest warrant be turned into an order to appear, and urged the judge to rule
on said motion.106
97(107) On August 19, 2004, the First Special Provincial Prosecutor’s Office for
Terrorism (Primera Fiscalía Provincial Especializada en Delitos de Terrorismo) filed a
supplemental criminal complaint against the alleged victim and Isabel Cristina MorenoTarazona, as it considered that their conduct fell under the provisions of Article 322 of
the Criminal Code of 1991.107
97(108) On August 25, 2004, the First Special Criminal Court for Terrorism (Primer
Juzgado Penal Especializado para Delitos de Terrorismo) decided to grant a 10-day
term extension regarding the investigation stage in order to incorporate, among
others, Urcesino Ramírez-Rojas and Isabel Cristina Moreno-Tarazona as defendants for
the crime of terrorism against the State, in accordance with the legal crime definition
contained in Article 322 of the Criminal Code of 1991.108
97(109) On September 1, 2004, the First Special Criminal Court for Terrorism (Primer
Juzgado Penal Especializado para Delitos de Terrorismo) denied the request to convert
the arrest warrant into an order to appear submitted by Urcesino Ramírez-Rojas on
July 13, 2004. The Judge considered that no new events had occurred to that moment
that altered the legal status of the alleged victim to grant a “modification of the
coercive measures adopted and [stated] that since the events reported are plausible,
as shown by the police investigation documented in the police report, and given the
significance of the events, the arrest warrant d[id] comply with all legal requirements;
therefore, the personal coercive measure should continue in full force.”109
97(110) On September 3, 2004, Urcesino Ramírez-Rojas’ legal counsel filed a writ of
habeas corpus against the Judge in charge of the First Special Criminal Court for
Terrorism of Lima (Primer Juzgado Penal Especial de Terrorismo de Lima) on the
grounds that it had impaired his client’s freedom upon arbitrarily ordering his arrest.110
97(111) On September 13, 2004, Urcesino Ramírez-Rojas’ legal counsel filed with the
First Special Criminal Court for Terrorism (Primer Juzgado Penal Especializado para
Delitos de Terrorismo) a motion for appeal regarding the order of September 1, 2004,
which denied the request for conversion of the arrest warrant into an order to appear
106
Cf. Order to extend the term for investigation issued by the National Chamber for Terrorism (Sala
Nacional de Terrorismo) on August 11, 2004 (case file of evidence to facilitate the adjudication of the case
submitted by the State, volume 6, pages 5567 to 5569).
107
Cf. Report No. 72 issued by the First Special Provincial Prosecutor’s Office for Terrorism (Primera
Fiscalía Provincial Especializada en Delitos de Terrorismo) on File No. 500-03 of August 19, 2004 (case file of
evidence to facilitate the adjudication of the case submitted by the State, volume 6, pages 5571 to 5577).
108
Cf. Order issued by the First Special Criminal Court for Terrorism (Primer Juzgado Penal
Especializado para Delitos de Terrorismo) on File 500-03, of August 25, 2004 (case file of evidence to
facilitate the adjudication of the case submitted by the State, volume 6, pages 5579 to 5595).
109
Cf. Order issued by the First Special Criminal Court for Terrorism (Primer Juzgado Penal
Especializado para Delitos de Terrorismo) of September 01, 2004 (case file of evidence to facilitate the
adjudication of the case submitted by the State, volume 6, pages 5597 to 5605).
110
Cf. Writ of habeas corpus filed by Urcesino Ramírez-Rojas’ legal counsel with the On-Duty Criminal
Court on September 3, 2004 (case file of appendixes to the brief of requests and arguments, volume 1,
appendix 27, page 1896).
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