49
97(92) On July 31, 2003, the First Special Criminal Court for Terrorism (Primer
Juzgado Penal Especializado en Delito de Terrorismo) issued a Supplementary Report
in accordance with the order of May 13, 2003 (supra para. 97(90)), which “render[ed]
all procedures from page 760 onwards Void and the charges brought by the prosecutor
on pages 761 to 766 Insufficient,” and made observations regarding the measures
adopted in the criminal investigation carried out during the first proceeding and those
still pending.92
97(93) On September 25, 2003, the First Superior Prosecutor’s Office for Terrorism
(Fiscalía Superior Especializada en Delitos de Terrorismo) stated in its prosecutorial
pleading that “the defendants were allegedly members, at a hierarchical level, of a
terrorist organization” (in bold in the original)93 and requested that the investigation
stage be extended for forty-five days so that further procedures may be adopted.
97(94) On October 13, 2003, the National Chamber for Terrorism (Sala Nacional de
Terrorismo) granted “as an exception” a 45-day term extension of the investigation
stage so that procedures specified by the Superior Prosecutor may be adopted.94
97(95) On November 3, 2003, the First Special Criminal Court for Terrorism (Primer
Juzgado Penal Especializado en Delitos de Terrorismo), in compliance with the “orders
issued by the National Chamber for Terrorism (Sala Nacional de Terrorismo),” granted
the motion for the investigation stage to be extended for a 30-day term so that
certain procedures could be adopted, including the confrontation of the alleged victim
with the co-defendant, Isabel Cristina Moreno-Tarazona, on November 24, 2003.95
97(96) On December 6, 2003, the First Special Criminal Court for Terrorism (Primer
Juzgado Penal Especializado en Delito de Terrorismo) ordered that “an attachment be
levied on the defendants’ assets in a manner sufficient to guarantee the eventual
payment of civil damage,” and clarified the provisions of order of November 3, 2003,
in that the extension granted regarding the investigation stage would be for 45 rather
than thirty days.96
97(97) On January 21, 2004, the First Provincial Special Prosecutor’s Office for
Terrorism (Primera Fiscalía Provincial Especializada en Delitos de Terrorismo) issued a
report wherein it specified the procedures adopted to that date and those which had
92
Cf. Supplemental report issued by the First Special Criminal Court for Terrorism (Primer Juzgado
Penal Especializado en Delito de Terrorismo) on File 500-03, of July 31, 2003 (case file of appendixes to the
application, appendix 49, pages; case file of evidence to facilitate the adjudication of the case submitted by
the State, volume 6, pages 5385 to 5391).
93
Cf. Prosecutorial pleading No. 141-2003-1 FSEDT-MP/FN issued by the First Special Superior
Prosecutor’s Office for Terrorism (Primera Fiscalía Superior Especializada en Delitos de Terrorismo) of
September 25, 2003 (case file of evidence to facilitate the adjudication of the case submitted by the State,
volume 6, pages 5393 to 5396).
94
Cf. Order of the National Chamber for Terrorism (Sala Nacional de Terrorismo) of October 13, 2003
(case file of evidence to facilitate the adjudication of the case submitted by the State, volume 6, page 5399).
95
Cf. Order of the First Special Criminal Court for Terrorism (Primer Juzgado Penal Especializado en
Delitos de Terrorismo) of November 3, 2003 (case file of appendixes to the brief of requests and arguments,
appendix 18, pages 1846 to 1847; and case file of evidence to facilitate the adjudication of the case
submitted by the State, volume 6, pages 5401 to 5405).
96
Cf. Order of the First Special Criminal Court for Terrorism (Primer Juzgado Penal Especializado en
Delito de Terrorismo) in Case File 500-03, issued on December 6, 2003 (case file of evidence to facilitate the
adjudication of the case submitted by the State, volume 6, pages 5427 to 5433).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents