17
the beach and tortured; the policemen who arrested him were wearing civilian
clothes, as was the prosecutor; the arrest had been led by Captain Zárate, and he
could hear that he was one of the persons who took him to the beach; he was held
incommunicado, and was presented to the press wearing "prison stripes".
He
testified that he was brought before the military courts and that his pretrial
statement was taken at the Navy Veterinary Hospital; the attorneys did not appear
because they had not been notified; the persons there always wore Balaclava
helmets, hoods and spectacles, were armed with "FALS", and wore military uniform;
one of their number was supposedly a court-appointed attorney in uniform; he was
acquitted by the military courts of first, second and third instances, which ordered
his release; his attorneys had been Dr. Iván Bazán and Dr. Víctor Alvarez; his
release was ordered but never effected; his attorney filed a petition of habeas corpus
which was twice rejected; he was then prosecuted in the civil court; he was
examined by a police doctor before he was tortured, but was not examined
afterwards; he did not have an attorney present when he appeared before the police,
in the military court, or in the civil court; his attorney was present at the military
court of second instance; Dr. Washington Durand was only present when he gave his
statement to the police, but was not allowed to confer with him; in the first military
court he was represented by a court-appointed attorney.
d.
Testimony of Pedro Telmo Vega-Valle
Pedro Telmo Vega-Valle, convicted in Peru for the crime of treason, testified that he
was detained by members of DINCOTE on January 9, 1993, at his home for his
purported links to the terrorist organization "Shining Path"; no representative of the
Office of the Attorney General was present; he was then taken blindfolded to
DINCOTE, where he was held for 27 days; he was made to sign an act of seizure; he
was interrogated and taken to the beach with three other persons; once on the
beach, he was undressed on the orders of an officer in charge, and, still blindfolded,
was thrown onto the sand, forced to lie on a cloth, abused, wrapped in a cloth, and
submerged face-up in the water; he was beaten and lost consciousness; he was
taken before the Naval Military Tribunal; his attorney was present when his
statement was taken, but when they spoke there was an official nearby; he was
represented by the same attorney up to the time he was acquitted by the Special
Tribunal of the Supreme Council of Military Justice and released; he was
subsequently rearrested on the same charge; he had never met Ms. Loayza-Tamayo,
as she was detained after he was; in Cachiche they were beaten with an electrically
charged rod and abused; they complained of this treatment to the Red Cross, but
when this was discovered, they were terrorized by the police; they were only allowed
visits on the third Tuesday of every month; during the first week of August, he
learned that his wife had filed a complaint with the Attorney General and the
Prosecutor of Ica on the ground that he had been abused, beaten and tortured; the
Attorney General told him that this was normal practice, and that it was the initiation
meted out to all new inmates at all prisons.
e.
Testimony of María Elena Loayza-Tamayo
María Elena Loayza-Tamayo testified that she was accused by a repentant terrorist
and arrested on February 6, 1993, at a property she was having built; she did not
live in that building, but usually resided elsewhere with her parents, sisters and
children; the policemen, one of whom presented himself as Captain Zárate, came in
search of a manila envelope and informed her that she was being arrested on the
accusation of a repentant terrorist; she was put in a car blindfolded and presented
with an act of seizure which she refused to sign; a prosecutor was present and she
was taken to DINCOTE, where she was bound, blindfolded, beaten and abused