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97(23) On the same September 18, 1995, the DINCOTE forwarded a report to the
Forty-Third Criminal Court of Lima (Cuadragésimo Tercer Juzgado Penal de Lima),
attaching thereto 163 pages which allegedly were part of the information retrieved
from the computer seized from Wilson García-Asto’s domicile (supra para. 97(14)). The
DINCOTE considered that from the “preliminary analysis” of such information, it might
be concluded that it belonged to an alleged subversive group and determined that
“therefore […] the holder thereof w[as] a member of such terrorist organization.”
97(24) On February 2, 1996 a “faceless” prosecutor brought charges against Wilson
García-Asto as perpetrator of the crime of terrorism as described in Articles 4 and 5 of
Decree-law No. 25.475, and requested that a sentence of twenty years’ imprisonment
be imposed thereto.
97(25) On April 8 and 12, 1996 special hearings in the proceedings brought against
Wilson García-Asto were conducted at the Castro-Castro Prison before the Special
Chamber appointed by the Superior Court of Justice of Lima (Corte Superior de Justicia
de Lima), made up of “faceless” judges.
97(26) On April 12, 1996 the alleged victim’s defense counsel submitted to the Special
Chamber made up of “faceless” judges a brief containing the closing arguments,
wherein he challenged the validity of the police report as evidence for the prosecution,
claiming, among other arguments, that the documents seized had not been examined
by an expert witness and that the police had not forwarded the judge hearing the case
the analysis of the alleged encrypted information retrieved from the computer seized
from the alleged victim.
97(27) On April 18, 1996, the Special Criminal Chamber of the Superior Court of
Justice of Lima (Sala Penal Especial de la Corte Superior de Justicia de Lima), made up
of “faceless” judges, convicted Wilson García-Asto, sentencing him to twenty years’
imprisonment as perpetrator of the crime of terrorism against the State, as described
in Articles 4 and 5 of Decree-Law No. 25.475, and to the payment of civil reparation.
The Special Criminal Chamber (Sala Penal Especial) deemed that the documents found
in the alleged victim’s domicile proved that he “was an active member of the terrorist
organization Shining Path.” On that same day, after the hearing at which the sentence
convicting Mr. García-Asto was read had been concluded, he submitted an appeal for
annulment against said judgment. The Special Criminal Chamber found the appeal for
annulment submitted by the alleged victim to be admissible.
97(28) On July 14, 1997 the Supreme Court of Justice of Peru (Corte Suprema de
Justicia de Perú), also made up of “faceless” judges, dismissed the appeal for
annulment submitted by Wilson García-Asto against the judgment of April 18, 1996.
Regarding the annulment of the judgment and new proceedings against Wilson GarcíaAsto.
97(29) On November 20, the alleged victim’s mother, Celia Asto-Urbano, filed a writ of
habeas corpus on behalf of her son, against the judgments rendered by the Superior
Court of Justice (Corte Superior de Justicia) and the Supreme Court of Justice of Lima
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