Nicolás Cruz Sánchez, alias ‘Tito’, was found dead on a concrete slab at the back of the outside hallway of the residence.395 310. The Commission concluded, regarding Eduardo Nicolás Cruz Sánchez: Witness statements by Hidetaka Ogura and National Police Sergeants Raul Robles Reynoso and Marcial Teodorico Torres Arteaga about how the subversive Eduardo Nicolás Cruz Sánchez, alias ‘Tito’, was captured and overpowered, as well as the findings from the autopsies, lead to the assumption that he was arbitrarily executed under circumstances unrelated to the armed clash while he was in the custody of military personnel and had surrendered his arms.396 D) Examination of the facts by the Peruvian courts 311. The ruling by the Third Special Criminal Chamber of the Superior Court of Lima on October 15, 2012 (supra para. 219), delivered following the submission of extensive testimonial, documentary and expert evidence, concluded: […] Nicolás Cruz Sánchez was outside the residence when he was detained; this panel finds it self-evident[, in this regard,] that given their police training, Sergeants [Robles Reynoso and Torres Arteaga], who had also been working with the National Intelligence Service under the orders of Jesús Zamudio Aliaga and recognized him as their immediate commanding officer and therefore, they would naturally apprise him of any contingency, as in this case a detention, and thus there is every reason to believe that this also occurred, even though we do not have a courtroom statement by the accused, who is in contempt. […] All this raises questions as to whether the MRTA member known as ‘Tito’ had a grenade on his person, considering that he had been detained and his hands were bound behind his back; moreover, the unfolding of the event […] would suggest that in view of the impact force of the bullet, if he had been holding a grenade, it would not have remained in his hand. […] The criminal proceedings have proven the death of Eduardo Nicolás Cruz Sánchez, who was detained or apprehended by two police officers from the National Intelligence Service [...] he was then found prone in an area located between House No. 1 and the residence itself, with a single bullet wound that entered from the left side of the neck and was necessarily lethal, and he was seen in this area under the guard of personnel from the National Intelligence Service. Also relevant are the opinions concerning the distance at which the shot was fired, the position of Cruz Sánchez’ body at the time of impact, and the caliber of the projectile able to cause a wound of this kind. However, it has not been possible to determine whether this happened by order or command from any the defendants present in what has been called the “parallel chain of command”, that is, the commission of the crime as the direct consequence of a policy of State. […] This leads the majority to believe, […] in principle, that the subversive [Cruz Sánchez] was killed after being detained, and the final proven fact is that he was in the power of the police from the national intelligence service under the command of Zamudio Aliaga. Truth and Reconciliation Commission, Informe Final, 2003, volume VII, chapter 2.66, Extrajudicial executions at the residence of the Japanese ambassador (1997), pp. 731 and 732 (evidence file, volume I, annex 1 to the case submission brief, folios 17 to 18). 395 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). 396