preparing the police attestation on Ms. J. and the other detainees in Operation Moyano. 152 The
153
police attestation was a document on which the prosecution of crimes of terrorism was based.
96.
On April 23, 1992, Ms. J. was presented to the media in a press conference organized by the
Minister of the Interior at the time, together with other persons detained during Operation Moyano,
including her younger sister. 154
97.
On April 28, 1992, the DINCOTE forwarded police attestation No. 084 to the prosecutor and
made Ms. J. available to him as a detainee for the crime of terrorism. 155 In this police attestation it
was considered proved that Ms. J. was implicated in the crime of terrorism, and the attestation
indicated that J. was “responsible for the process of the writing, editing and coordinating with
foreign journalists of the clandestine newspaper ‘El Diario.’” In addition, it indicated that Ms. J. had
been detained on April 28, 1987, “for taking part in subversive activities,” and that in November
1989, she had been “referred to as a member of the “Revolutionary Movement for the People’s
Defense” (MRDP), an organization created by ‘Shining Path.’” It also indicated that the presumed
victim’s participation in Shining Path “is corroborated by the searches conducted of the premises in
Las Esmeraldas Street,” as well as what was found in Ms. J.’s bedroom. According to the
attestation, Ms. J. “sought to distort the reality of the facts,” by not describing the places she had
traveled to with the foreign journalists. In addition, the attestation affirms that Ms. J. had lied when
stating that she had never met the woman with whom she was arrested in the building on Las
Esmeraldas Street, because a photograph had been seized of the presumed victim with the said
person taken at another moment. 156 The attestation also indicates that:
Her militancy in [Shining Path] and her fanaticism are proved because, at all times, she has sought to evade her
responsibility from the moment of her arrest when she tried to flee, putting up strong resistance, as well as the
cynicism she demonstrated during her statement, and her refusal to sign documents that were drawn up in her
presence, and that of witnesses and of the Public Prosecution Service, in order to obstruct, delay, and distort the
police and judicial proceedings, showing her disdain for the laws and her subjection to the so-called ‘Five
Requirements of the Party,’ complying fanatically with its ‘golden rule,’ which is a directive issued to the militants
of [Shining Path] by its central leadership. 157
98.
The same day that he received the police attestation, the prosecutor filed criminal charges
before the investigating judge against Ms. J. and others who had been detained during Operation
Moyano as “presumed perpetrators of the offense against public peace – terrorism, against the
State; a criminal act established and penalized in [articles] 319 and 320 of the Criminal Code.” 158 In
response to these charges, on the same April 28, the Tenth Investigating Court of Lima opened an
inquiry in the ordinary jurisdiction against Ms. J. and the other detainees for the crime of terrorism.
Consequently, an order was issued to receive “the preliminary statements of the accused.”
Furthermore, a warrant for the arrest of Ms. J. was issued, in “application [of] article [135] of the
Code of Criminal Procedure,” and this was notified to the presumed victim. 159
152
Cf. Note No. 4348-DINCOTE of April 28, 1992 (file of annexes to the answering brief, annex 33, folio 3675), and
attestation No. 084–DINCOTE of April 25, 1992 (file of annexes to the answering brief, annex 23, folios 3340 to 3633).
153
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, reparations and costs, supra, para. 86.2, and Case of De la Cruz
Flores v. Peru, supra, para. 73.3.
154
Cf. Videos provided by the State together with its brief of June 24, 2013, and Dircote acabó con el “vocero” del
senderismo [Dircote silences Shining Path’s ‘voice’], La República newspaper, April 24, 1992 (file of annexes to the State’s brief
of June 24, 2013, annex 5, folios 4312 to 4314).
155
Cf. Note No. 4348-DINCOTE of April 28, 1992 (file of annexes to the answering brief, annex 33, folio 3675).
156
Cf. Attestation No. 084–DINCOTE of April 25, 1992 (file of annexes to the answering brief, annex 23, folios 3594, 3595,
3596, 3622 and 3624).
157
Attestation No. 084–DINCOTE of April 25, 1992 (file of annexes to the answering brief, annex 23, folio 3596).
158
Criminal complaint of April 28, 1992 (file of annexes to the answering brief, annex 36, folio 3682).
159
Cf. Decision of April 28, 1992, of the Tenth Investigating Court of Lima (file of annexes to the answering brief, annex
37, folios 3687 to 3689), and notification of the arrest warrant of April 28, 1992, of the Tenth Investigating Court of Lima (file of
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