11 …the cross-examination is being conducted between the testimonies of Zegarra Marín and Cárdenas Hurtado, where Zegarra Marín categorically denies Cárdenas Hurtado’s story about him being aware of the illegal issuing of passports in the Office of Migration in Tumbes, it [this version of the events] is reconfirmed by Cardenas Hurtado, who also claimed he delivered gifts and paying US$5.00 for every passport that they issued and that he never mentioned it to the police because he was promised help, as for the passport that was found on the Chinese national, he [Cardenas Hurtado] conducted his own investigation, concluding that said passport was issued in Tumbes; as for the theft of passports, he reported it to Zegarra and he [Zegarra] did not report 17 this crime. 43. As to petitioner’s responsibility, the aforementioned charging document states that: Based on the record of the proceedings, it can be concluded that the commission of the crimes under investigation has been proven, whereby Carlos Manrique Carreño was provided new passport No. 0415913, with a dark cherry red cover in light of the fact that the previous one with a green cover had expired and couldn’t be used and because it was absolutely essential for Carlos Manrique Carreño to obtain said passport in order to leave Peru, and thus evade prosecution of Justice, Violeta Mori Chavez was also delivered a dark cherry covered passport, under which they have travelled and identified themselves (…); with respect to Cárdenas Hurtado, Moreno Palacios, Villanueva Aguido,…, Zegarra Marín,…, it has been proven that in their capacity as members of the Police Forces in collusion with civilians…they have participated in the commission of the crimes under investigation, taking advantage of their positions that they have been holding in strategic places facilitating the issuing of passport No. 0415913, which Carlos Manrique Carreño used to leave the country, which was a document obtained in exchange for 18 sums of money that these individuals received. 44. On November 8, 1996, the Fifth Chamber for Criminal Matters of the Superior Court of Justice of Lima convicted 13 individuals, including Agustín Bladimiro Zegarra Marín, as a perpetrator of crimes against the administration of justice (aiding the escape of a fugitive from justice), abuse of authority to authenticate official public documents (forgery of documents in general), and corruption of public officials, to the detriment of the State, and imposed a prison term of four years of deprivation of liberty on him.19 45. With regard to Mr. Agustín Bladimiro Zegarra Marín, the judgment states in the thirteenth whereas clause: [Whereas] defendant Agustín Bladimiro Zegarra Marín, Peruvian National Police Commander, is accused of being aware of the irregularities that were taking place in the Office of Migration of Tumbes, inducing defendant Cárdenas Hurtado to pay five US dollars for every passport issued, 17 Annex 5. Case File. Nº 987-94 Fifth Chamber for Criminal Matters, Submission of May 2, 1996, signed by Mario Armando Caverio Vlaochaga, Attorney General for Matters before the Superior Court, Fifth Office of the Attorney General for Criminal Matters before the Superior Court of Lima, pg. 9. Annex to State’s submission of April 29, 2005. 18 Annex 5. Case File. Nº 987-94 Fifth Chamber for Criminal Matters, Submission of May 2, 1996, signed by Mario Armando Caverio Vlaochaga, Attorney General for Matters before the Superior Court, Fifth Office of the Attorney General for Criminal Matters before the Superior Court of Lima, pgs. 12 and 13. Annex to State’s submission of April 29, 2005. 19 Annex 4. Case File No. 987-94, Superior Court of Justice of Lima, Fifth Chamber for Criminal Matters, Judgment of November 8, 1997, signed by Príncipe Trujillo, Chief Justice and Doctors of Law [D.D], Díaz Mejía, Member of the Court, Ruiz Cueto, Member of the Court, and Darcy Zegarra Molina, Clerk of the Court. Annex to petitioner’s submission received on November 6, 2001.