Gerardo Garrido Garrido, who was in the same room as Judge Sivina, said he had seen Cruz
Sánchez enter the room tagged “H” and then come out to continue fighting. 384 Even though
these hostages were evacuated by the same route as the Japanese hostages from room “I”
where Ogura was, that is, through the yard of house No. 1, they said that at that point they
had not seen any MRTA fighter caught or surrendered. 385
302. Police officers Robles Reynoso and Torres Arteaga were in the area where Ogura and
the other Japanese hostages were evacuated, along with a cameraman from the SIN, Manuel
Tullume Gonzáles, who was assigned to film the back part of the residence contiguous with
house No. 1, as well as the inside of the residence. He said in a statement that he had seen
the hostages when they arrived. He claimed, however, that he knew nothing about the facts
given in Ogura's statement.386 It was not possible to question the other Japanese hostages
who had been in the yard of house No. 1.387
303. To summarize, Mr. Ogura’s statement is consistent with the eyewitness testimony of
two officers from the National Police of Peru, who were guarding house No. 1 and described
the circumstances of how and where Cruz Sánchez was captured. Police sergeants Raúl Robles
Reynoso and Marcial Teodorico Torres Arteaga of the National Police of Peru made consistent
claims that: (a) they saw a hostage pointing out an alleged member of the MRTA; (b) they
were the ones who neutralized Eduardo Nicolás Cruz Sánchez after discovering that he was
trying to pass for a hostage; (c) they searched him, and he had no weapons; (d) they called
their commanding officer, Army Lieutenant Colonel Jesús Salvador Zamudio Aliaga, and
informed him, and he ordered them to wait, as he would send someone to pick him up; and
(e) a soldier who has not been identified took the MRTA fighter back through the tunnel that
ran from the yard of house No. 1 to the ambassador’s residence. 388 The Court notes that this
Cf. Statement by José Gerardo Garrido Garrido before a public attestor, January 30, 2014 (evidence file,
volume XXX, affidavits, folio 20711).
384
Cf. Statement by José Gerardo Garrido Garrido before the Third Special Criminal Chamber, proceedings of
session 23, November 9, 2011 (evidence file, volume XII, annex 17 to the State’s answering brief, folios 8448 to
8478); statement before a public attestor by José Gerardo Garrido Garrido, January 30, 2014 (evidence file, volume
XXX, affidavits, folio 20711); statement by Hugo Sivina Hurtado before the Third Special Criminal Chamber,
proceedings of session 48, February 15, 2012 (evidence file, volume XII, annex 17 to the State’s answering brief,
folios 9535 to 9536); statement by Hugo Sivina Hurtado before the Inter-American Court at a public hearing,
February 3 and 4, 2014; statement by Luis Alejandro Giampietri Rojas before the Third Special Criminal Chamber,
proceedings of session 43, January 30, 2012 (evidence file, volume XIV, annex 17 to the State’s answering brief,
folios 9274 to 9276); statement by Mario Antonio Urrelo Álvarez before the Third Special Criminal Chamber,
proceedings of session 42, January 27, 2012 (evidence file, volume XIV, annex 17 to the State’s answering brief,
folios 9241 to 9242); statement by Emilio Alipio Montes de Oca Begazo before the Third Special Criminal Chamber,
proceedings of session 42, January 27, 2012 (evidence file, volume XIV, annex 17 to the State’s answering brief,
folios 9220 and 9222); statement by Carlos Tsuboyama Matsuda before the Third Special Criminal Chamber,
proceedings of session 36, December 28, 2011 (evidence file, volume XIII, annex 17 to the State’s answering brief,
folios 8796 and 8800); eyewitness testimony by Luis Edmundo Serpa Segura before the Third Special Criminal
Chamber, July 31, 2002 (evidence file, volume XXVII, CVR evidence, folios 19357 to 19360), and eyewitness
testimony by Moisés Pantoja Rodulfo before the Third Special Criminal Chamber, August 9, 2002 (evidence file,
volume XXVII, CVR evidence, folios 19699 to 19701). See also: ruling by the Third Special Criminal Chamber of the
Superior Court of Lima, October 15, 2012 (evidence file, volume XX, annexed to the representatives’ observations
on the State’s preliminary objections, folio 13597).
385
Cf. Statement by Manuel Tullume Gonzáles before the Specialized Provincial Prosecutor, October 25, 2001
(evidence file, volume XXVI, CVR evidence, folios 18608 to 18612).
386
Cf. Note 019-02-3JPE-JBH-hjb from the Third Special Criminal Chamber, January 24, 2003, and Note 01A/54/03 from the Japanese embassy, May 13, 2003 (evidence file, volume XXXI, annex 6 to the State’s final written
arguments, folios 21072 to 21074).
387
Cf. Truth and Reconciliation Commission, Informe Final, 2003, volume VII, chapter 2.66, Extrajudicial
executions at the residence of the Japanese ambassador (1997), p. 734 (evidence file, volume I, annex 1 to the case
submission brief, folio 20). See also: ruling by the Third Special Criminal Chamber of the Superior Court of Lima,
388