[A] hostage […] was signaling me with hand gestures, accusing the supposed hostage who was wearing a gray-green polo shirt (he was the only one wearing a gray-green polo shirt and he was the same one who had come in holding the arm of another hostage), that he was supposedly a terrorist criminal, when this person saw that he had been spotted, he tried to run into house No. 1, so I intervened, neutralized him and placed him in the dorsal decubitus position in the yard of house No. 1, right then he started to stammer that he could tell us where the rest of the ‘comrades’ were and what their next plans were, and he was pleading for his life, so I told him not to worry, that nothing was going to happen to him there, and immediately I told my commanding officer, who was Army Lieutenant Colonel ZAMUDIO, over the walkie talkie, that he was captured and that he had a wound (we were under his orders), Lieutenant Colonel ZAMUDIO told me to stand by and he would have the captive picked up in a few minutes, not to do anything to him, after about five minutes, a commando came into house No. 1 through the tunnel in the yard, and we turned the captured MRTA agent over to him, and he made him go through the tunnel back into the residence, the MRTA fighter tried to resist, but the commando forced him to go, I never saw the MRTA fighter again, I thought that this captured rebel would be paraded before the public as a prisoner, and then questioned or made to provide valuable information, but it was a surprise to me to see on the news that all the MRTA members had died in combat, but I kept quiet and didn’t tell anyone for fear of some kind of reprisal from the system […]381. 300. Police officer Marcial Teodorico Torres Arteaga also made a statement before the Specialized Criminal Prosecutor: One of the hostages was by house No. 1, he looked Latin, tall, bearded, wavy hair, graying, […], wearing a polo shirt, he made some signs to my partner, indicating that one of the men who had come out with the hostages was from the MRTA, and so we took him away to one side of the yard, then we made a radio call to Lieutenant Colonel ZAMUDIO ALIAGA, Jesús, who answered that we should keep him there, in house No. 1; but right after that, about two or three minutes later, circumstances in which a commando entered by the tunnel from the Japanese residence to house No. 1, he was wearing a uniform and had his face covered and he took the MRTA man alive and made him go back in through the small tunnel to the inside of the Japanese residence.382 301. Likewise, Máximo Félix Rivera Díaz, former hostage who at the time was director of the National Counterterrorism Directorate (DINCOTE), stated before the Peruvian courts that other hostages, including Hugo Sivina Hurtado, had told him at the Central Military Hospital and in later meetings that Cruz Sánchez had been captured alive in the yard of house No. 1. 383 José Statement by Raúl Robles Reynoso before the Specialized Provincial Prosecutor, December 28, 2001 (evidence file, volume II, annex 11 to the case submission brief, folio 670). See also, expanded eyewitness statement by Raúl Robles Reynoso before the Third Special Criminal Chamber, August 29, 2002 (evidence file, volume XXVII, CVR evidence, folio 19746), and statement by Raúl Robles Reynoso before the Third Special Criminal Chamber, proceedings of session 57, June 6, 2008 (evidence file, volume VIII, annex 11 to the brief of pleadings, motions and evidence, folios 5362 to 5365 and 5394 to 5399). 381 Statement by Marcial Teodorico Torres Arteaga before the Specialized Provincial Prosecutor, December 28, 2001 (evidence file, volume II, annex 11 to the case submission brief, folio 662). See also, eyewitness testimony by Marcial Teodorico Torres Arteaga before the Third Special Criminal Chamber, March 13, 2003 (evidence file, volume XXVII, CVR evidence, folios 19421 to 19429), and statement by Marcial Teodorico Torres Arteaga before the Third Special Criminal Chamber, proceedings of session 59, June 20, 2008 (evidence file, volume VIII, annex 11 to the brief of pleadings, motions and evidence, folios 5417 to 5420, 5424 to 5429, 5434 to 5436). 382 Cf. Statement by Máximo Félix Rivera Díaz before the Specialized Provincial Prosecutor, March 19, 2001 (evidence file, volume XXVI, CVR evidence, folios 18215 to 18224); eyewitness testimony by Máximo Félix Rivera Díaz before the Third Special Criminal Chamber, September 6, 2002 (evidence file, volume XXVII, CVR evidence, folios 19771 to 19778), and statement by Máximo Félix Rivera Díaz before the Third Special Criminal Chamber, proceedings of session 24, November 14, 2011 (evidence file, volume VIII, annex 11 to the brief of pleadings, motions and evidence, folios 5472 and 5479 to 5480). 383

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