7
on the merits of the case until February 11 of the same year.
State submitted its final argument brief.
On said date, the
35.
On June 9, 2000 the President decided to incorporate in the evidence in this
case part of the evidence produced in Neira Alegría Case (infra para. 38).
V
DOCUMENTARY EVIDENCE
36.
Together with the application brief, the Commission submitted a copy of 11
documents with the same number of annexes. 2
37.
When submitting its reply to the application, the State attached copy of two
leaflets. 3
38.
The following documentary and witness evidence produced in Neira Alegría
Case were incorporated to the evidence of this case (supra para. 35): Minority
opinion by the Congressional Investigative Commission of the Republic of Peru on
the events of June 18 and 19, 1986, in Lurigancho, El Frontón, and Santa Bárbara
(Lima, December 1987) including an assessment of the events in San Juan Bautista
(Former Frontón), San Pedro (Former Lurigancho), and Santa Bárbara prisons and of
the decisions made by the Government to this regard, news articles on the events in
San Juan Bautista (Former Frontón), San Pedro (Former Lurigancho), and Santa
Bárbara prisons; autopsies carried out on the corpses of some prisoners of "El
Frontón" by doctors Augusto Yamada, Juan Herver Kruger, and José Ráez González;
and a file processed in the Military Exclusive Court related to the investigation of the
events in San Juan Bautista prison on June 18 and 19, 1986. Likewise, the following
statements and expert reports rendered during the public hearings held at the seat
of the Court on July 6 and 10, 1993 on the merits of Neira Alegría et al Case:
a)
Testimony of Sonia Goldenberg (journalist)
As journalist, she interviewed Jesús Mejía Huerta who told her how after the
bombing of the prison only 70 prisoners were alive; that they were called in
groups and some executions took place, that he had eight or ten bullet shots
and was thrown, together with other wounded prisoners, into a ditch. Lately,
the Blue Pavilion was bombed.
Moreover, Juan Tulich Morales was
2
cf. "Barbarism is not fought with barbarism". Events in prisons in June 1986. Congress of the
Republic of Peru. Alan García Pérez, Majority opinion of the Investigative Commission of the Congress of
Peru on the events on June 18 and 19, 1986, in the prisons of Lurigancho, El Frontón and Santa Bárbara;
habeas corpus recourse filed on February 26, 1986 by Virginia Ugarte Rivera on behalf of her brother
Gabriel Ugarte Rivera; brief of the habeas corpus recourse filed on June 26, 1986 by Virginia Durand
Ugarte on behalf of her son Nolberto Durand Ugarte and her brother Gabriel Ugarte Rivera; judgment of
June 27, 1986 issued by the First Correction Court of Callao; judgment of July 15, 1986 issued by the First
Correctional Court of Callao of the Supreme Court of Justice of Callao; judgment of August 13, 1986
issued by the First Penal Court of the Supreme Court of Callao; pronouncement of October 28, 1986
issued by the Court of Constitutional Guarantees; nominal relation of prisoners by terrorism; birth
certificate of Nolberto Durand Ugarte; birth certificate of Gabriel Pablo Ugarte Rivera; and a report
prepared by the Task Force composed of representatives of the Ministries of Justice, Interior, Defense, and
Foreign Relations, as well as the Justice Department and the Judicial Branch of July 1996 in relation to the
case No.10.009 before the Inter-American Court of Human Rights regarding Nolberto Durand Ugarte and
Gabriel Pablo Ugarte Rivera.
3
cf. leaflets entitled "Pronouncements" and "Day of Heroism".