40
manipulated, such examination should have been made immediately
after the equipment was seized.45
97(48) On August 6, 2004 Wilson García-Asto was released.46
97(49) On August 18 and October 28, 2004 the Special Office of the Public Prosecutor
for Terrorism of the Ministry of the Interior47 (Procuradora Pública Especializada para
Delitos de Terrorismo del Ministerio del Interior) and the Second Supreme Office of the
Public Prosecutor in Criminal Matters of Lima (Segunda Fiscalía Suprema en lo Penal de
Lima),48 respectively filed an appeal for annulment against the judgment rendered on
August 5, 2004 acquitting the alleged victim with the Supreme Court of Justice of the
Republic.
97(50) On February 8, 2005 Wilson García-Asto’s defense counsel submitted before
the Supreme Court of Justice his written arguments regarding the appeal for
annulment filed against the judgment of August 5, 2004.49
97(51) On February 9, 2005, the Supreme Court of Justice passed judgment on the
appeal for annulment submitted by the Supreme Public Prosecutor and the Special
Public Prosecutor (supra para. 97(49)), dismissing the annulment of the judgment
appealed.50
97(52) By March 15, 2005, the judgment acquitting Wilson García-Asto (supra para.
97(47)) had neither been formally served thereon nor on his counsel. On that date,
said judgment was forwarded to the alleged victim’s representatives before the Court,
as it had been submitted by the State as evidence to facilitate the adjudication of the
case in the proceedings started before the Court.51
Regarding Wilson García-Asto’s detention
45
Cf. Order issued by the National Chamber for Terrorism (Sala Nacional de Terrorismo) on August
05, 2004 (case file of evidence to facilitate the adjudication of the case submitted by the State, volume 4,
page 4456).
46
Cf. Testimony given by Wilson García-Asto before the Inter-American Court on May 10, 2005;
photographs of Wilson García-Asto's next of kin taken on the day he was released (case file of appendixes to
the brief of requests and arguments, volume I, appendix 10, pages 1808 to 1812).
47
Cf. Appeal for annulment submitted by the Special Public Prosecutor for Crimes of Terrorism of the
Ministry of the Interior on August 18, 2004 (case file of evidence submitted by the State to facilitate the
adjudication of the case, volume 4, page 4484).
48
Cf. Report No. 1714 -2004-2ºFSP-FN-MP issued by the Second Supreme Office of the Public
Criminal Prosecutor of Lima (Segunda Fiscalía Suprema en lo Penal de Lima) on October 28, 2004 (case file
on the merits, volume IV, page 974).
49
Cf. Brief of arguments filed by Wilson García-Asto’s defense counsel regarding the appeal for
annulment submitted before the Supreme Court on February 8, 2005 (case file on the merits, volume IV,
page 823).
50
Cf. Judgment rendered by the Second Provisional Criminal Chamber of the Supreme Court of Justice
of Lima (Segunda Sala Penal Transitoria de la Corte Suprema de Justicia del Perú) on February 9, 2005 (case
file on the merits, volume IV, page 966).
51
Cf. Note from the Court Secretariat REF CDH-12.413/062 of March 15, 2005 (case file on the
merits, volume III, page 703); and brief submitted by the representatives before the Court on April 20, 2005
(case file on the merits, volume IV, page 820).
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