50
consolidation of proceedings. This consolidation was ordered on July 18, 2003, by the
Second Specialized Criminal Court, and then ratified on February 20, 2004, by the
Specialized Criminal Chamber “A” of the Superior Court in Lima.63
80(78) On July 13, 2005, the Provincial Prosecutor’s Office Specialized in Crimes against
Human Rights passed Resolution No. 70, in connection with file No. 28-2001, ordering
extension of investigation to include Luis Pérez-Documet and Carlos Indacochea-Ballón.64
80(79) On March 8, 2006, the First Special Criminal Chamber of the Superior Court in Lima
ordered the deconsolidation of the case La Cantuta (case No. 03-2003).65
80(80) As of the date hereof, the prosecutor’s request for trial has been filed with the First
Special Criminal Chamber of the Superior Court in Lima, seeking the issuance of a court
order for the commencement of criminal proceedings, and oral trial is currently pending.66
At least eight persons involved in this case have entered a “guilty plea.” Furthermore, only
Isaac Paquillauri-Huaytalla, who entered a plea for early termination of proceedings, was
convicted by the Fifth Special Criminal Court and sentenced to four years’ imprisonment on
the grounds of his involvement in the crimes of aggravated murder, aggravated abduction
against humanity and forced disappearance of persons; this sentence was ratified by the
Special Criminal Chamber of the Superior Court in Lima, and so the accused was separated
from the proceedings.67
80(81) At the time of rendering this Judgment, eleven defendants have been subjected to
coercive pre-trial detention regarding to this case, and one defendant has been subjected to
the coercive measure of “qualified summons to appear and home detention.”68
d) case No. 008-2004
80(82) On the other hand, on September 6, 2004, the “Ad Hoc State Prosecutor’s Office
established for cases Montesinos and Fujimori” filed a complaint with the Provincial Criminal
Prosecutor’s Office Specialized in Crimes against Human Rights (currently named “Fifth
Provincial Prosecutor’s Office Specialized in Offenses of Corruption and Crimes against
Human Rights”) against Vladimiro Montesinos-Torres, Nicolás Hermoza-Ríos and Luis PérezDocumet for the commission of criminal association, aggravated murder and forced
63
By decision of the Superior Special Criminal Chamber, case No. 03-2003 was consolidated with cases No.
44-2002 (Pedro Yauri), No. 01-2003 (El Santa), to case No.32-2001 (Barrios Altos) (record of Appendixes to
application, Appendix 42(d), p. 1571).
64
Cf. Report No. 001-2006/MP/FPEDCDD.HH of the Provincial Prosecutor’s Office Specialized in Crimes
against Human Rights (record of Appendixes to written closing pleadings submitted by the State, page 3790).
65
Cf. Official letter No. 396-2006 of the ad hoc Prosecutor’s Office on May 29, 2006, (record of Appendixes
to answer to application, p. 3246).
66
Cf. Request by the Ad hoc State Attorney General’s Office to materialize a criminal complaint against
Vladimiro Montesinos-Torres, Nicolás de-Bari-Hermoza-Ríos and Luis Pérez-Documet on the grounds of the crimes
perpetrated at La Cantuta), and official letter No. 396-2006 of the ad hoc Prosecutor’s Office of May 29, 2006
(record of Appendixes to answer to application, p. 3246).
67
Cf. Official letter No. 03-2003-61-SPE-CSJL of the Special Criminal Chamber of the Supreme Court of
Justice in Lima (file with evidence to facilitate adjudication of the case, pp. 4170-2).
68
Cf. Official letter No. 03-2003-61-SPE-CSJL of November 3, 2006, issued by the First Special Criminal
Chamber of the Superior Court of Justice in Lima (file with evidence to facilitate adjudication of the case, p. 4170).
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