38 “was still incipient, and substantial evidentiary procedures had yet to be adopted in order to better elucidate the facts.”33 97(37) On September 5, 2003 the First Special Criminal Court for Terrorism (Primer Juzgado Penal Especializado en Delito de Terrorismo) placed on record that it was not possible to hear the testimony of Nicéforo Bartolomé Melitón-Cárdenas, as he had died on June 17, 2003.34 97(38) On September 9, 2003 María Beatriz Azcárate-Vidalón gave testimony at Chorrillos Prison, reiterating that she did not know Wilson García-Asto.35 97(39) On October 21, 2003 the Peruvian National Police informed the First Special Criminal Court for Terrorism (Primer Juzgado Penal Especializado en Delito de Terrorismo) that it was not possible to find the documents which were in the hard disk of the computer seized from Wilson García-Asto’s domicile.36 97(40) On November 21, 2003 the motion for release submitted on behalf of Wilson García-Asto on the grounds that his detention had exceeded the term set forth by law was found to be inadmissible by the National Chamber for Terrorism (Sala Nacional de Terrorismo), which considered that the duration of his detention was within the legal term provided for by Article 137 of the Criminal Procedural Code.37 97(41) On January 5, 2004 the National Chamber for Terrorism (Sala Nacional de Terrorismo) ruled that there were sufficient grounds for oral proceedings to be commenced.38 97(42) On April 6, 2004 the National Chamber for Terrorism (Sala Nacional de Terrorismo) requested the DINCOTE the computer seized from the alleged victim’s domicile.39 On April 13 and 20, 2004 the above-mentioned request to the DINCOTE was reiterated.40 33 Cf. Order for pre-trial investigation proceedings to be extended issued by the First Special Criminal Court for Terrorism (Primer Juzgado Especializado Penal en Delito de Terrorismo) on July 11, 2003 (case file of evidence to facilitate the adjudication of the case submitted by the State, volume 2, page 3353). 34 Cf. Record of the death of Nicéforo Bartolomé Melitón-Cárdenas issued by the First Special Criminal Court for Terrorism (Primer Juzgado Especializado Penal en Delito de Terrorismo) on September 5, 2003 (case file of evidence submitted by the State to facilitate the adjudication of the case, volume 2, page 3473). 35 Cf. Testimony given by María Beatriz Azcárate-Vidalón on September 9, 2003 (case file of evidence to facilitate the adjudication of the case submitted by the State, volume 2, page 3477). 36 Cf. Official letter No. 3632-2003 issued by the Peruvian National Police on October 21, 2003 (case file of evidence to facilitate the adjudication of the case submitted by the State, volume 3, page 3595). 37 Cf. Order issued by the National Chamber of Terrorism (Sala Nacional de Terrorismo) on November 21, 2003 (case file of evidence to facilitate the adjudication of the case submitted by the State, volume 3, page 3611). 38 Cf. Order issued by the National Chamber on Terrorism (Sala Nacional de Terrorismo) on January 29, 2004 (case file of evidence to facilitate the adjudication of the case submitted by the State, volume 3, page 3627). 39 Cf. Order issued by the National Chamber on Terrorism (Sala Nacional de Terrorismo) on April 06, 2004 (case file of evidence to facilitate the adjudication of the case submitted by the State, volume 3, page 3815). 40 Cf. Order issued by the National Chamber on Terrorism (Sala Nacional de Terrorismo) on April 13, 2004 (case file of evidence to facilitate the adjudication of the case submitted by the State, volume 3, page

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