24
witnesses whose statements appeared in the police investigation
report;
d)
the document containing the statement made by the detainee at the
preliminary hearing does not bear the signatures of the participating
officers of the court; and
e)
defense counsel was intimidated when representing the alleged victim.
86.17 On November 28 and 29, 1993, Mr. Astorga Valdez was sent
notification of the order instituting the first phase of the trial, and the order of
detention; at the same time, the Director of Lima’s Bureau of Prisons was
asked to move the individual in custody to a maximum security prison.35
86.18 On December 1, 1993, Mr. Astorga Valdez’ attorney filed a motion to
dismiss for lack of jurisdiction.36
86.19 On January 2, 1994, the prosecutorial indictment was presented. It
stated that while the evidence “proves [Mr. Astorga Valdez’] criminal conduct,
said conduct does not rise to the level of treason.” It therefore recommended
that were the accused found guilty of the crime of terrorism, his case be
referred to the regular courts.37
86.20 On January 6, 1993, the defense attorney was permitted to view the
case file for a period of one hour for the purpose of preparing her arguments.
She was also notified that the verdict would be read at 9:00 a.m. the
following day. Defense counsel presented her written arguments on January
6, the same day she was given her first access to the case file.38
86.21 On January 7, 1994, the Judge of the FAP Special Military Court of
Inquiry granted “the motion to dismiss for lack of jurisdiction, entered by
Alejandro Astorga Valdez”; consequently, “the Court d[id] not have
jurisdiction to rule on [his] criminal behavior.”39
35.
Cf. Notification of the order instituting the examining phase, p. 659, and memorandum No- IIIJIME No. 037 from the Special Military Court to the Director of the Lima Bureau of Prisons, p. 873, both
from file No. 078 TP 93 ZJ FAP.
36.
Cf. Brief of defense counsel Gloria Cano Legua of November 30, 1993, file No. 078 TP 93 ZJ FAP,
pp. 673-674f.
37.
Cf. Criminal indictment, p. 769, and the decision of the Special Military Court of Inquiry, January
4, 1994, p. 773, both from file No. 078 TP 93 ZJ FAP.
38.
Cf. Official notice of January 5, 1994, f. 761, and pleading of defense counsel Gloria Cano Legua,
pp. 780-785, both from file No. 078 TP 93 ZJ FAP; the Commission’s final pleadings, and testimony of
defense counsel Gloria Cano Legua.
39.
Cf. Judgment of the Special Military Court of Inquiry, January 7, 1994, pp. 800-812; file No. 078
TP 93 ZJ FAP.