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C. The right of defense...
D. The right not to be compelled to be a witness against himself and to
confess without coercion of any kind.
E. The judicial guarantee [...] which prohibits that someone be subjected to
two criminal trials for the same events.
(Application before the Inter-American Court, pg. 34).
In more specific terms, the general opposition to the criminal procedures to which
Luis Alberto Cantoral-Benavides was subjected include accusations such as the
following:
a.
That he was detained without an arrest warrant issued by a
competent authority (pg. 21).
b.
That some weeks after his detention he was exhibited before
the mass media dressed in a "striped uniform," as a member of the
"Shining Path" and the perpetrator of the crime of treason against
the fatherland (pg. 43).
c.
That the criminal charge for which Luis Alberto CantoralBenavides was tried-a decision which determined the applicable
jurisdiction and proceedings-, was made by the Peruvian National
Police (more specifically DINCOTE) and not by an independent
tribunal (Pg. 37).
d.
That he was tried, both in the exclusive military jurisdiction
and in the civilian jurisdiction by "faceless judges," lacking in
independence and impartiality (pg. 34) and who could not be asked
by the accused to recuse themselves when they were “prejudiced” or
"partial" (pg. 37).
e.
That he was tried by judges from the Exclusive Military
Jurisdiction, who pursuant to the Organic Law of Military Justice of
Peru are a part of the Ministry of Defense and who, as a
consequence, are subordinate to the Executive branch. Moreover,
for the Commission, the Peruvian Armed Forces have as an essential
function the fight against irregular armed groups. The application
asserts that the Peruvian Armed Forces assume the function of
judging those accused of belonging to those groups, they assume a
function of the judiciary and cast serious doubt on the impartiality of
the military courts, which become both judge and party to the
proceedings (pg. 36).
f.
That the courts that tried him admitted as partial evidence of
his guilt a confession obtained by coercion; based their decisions on
the value of testimony and experts’ reports that the accused did not
have the opportunity to adequately examine and on evidence that did
not possess sufficient characteristics of gravity, precision, and
consistency; and deemed the accused’s refusal to accept his guilt
(when he renounced his initial confession) to be evidence against him
(pgs. 40, 42, 45, 46, and 47).
g.
That Luis Alberto Cantoral-Benavides could not, because it was
prohibited by Decree-Laws 25,475 and 25,744, request the