Peru, Hidetaka Ogura, flatly states that he and other hostages–members of the Supreme Court, the Vice Minister of the Office of the President and two colonels-saw three people from the subversive group captured alive, one called “Tito.” 13. On January 2, 2001, APRODEH filed a criminal complaint against Alberto Fujimori Fujimori, Vladimiro Montesinos Torres, Nicolás De Bari Hermoza Ríos, Julio Salazar Monroe and anyone else found to be guilty of the crime of the qualified homicide of Eduardo Nicolás Crúz Sánchez, alias "Tito," and two other members of the Tupac Amaru Revolutionary Movement (MRTA) who took part in the taking of the residence of the Japanese Ambassador in December 1996. Special Provincial Prosecutor Richard Saavedra was put in charge of the preliminary inquiry into the complaint. 14. In the inquiries conducted by the Prosecutor’s Office, Mr. Ogura sent a letter notarized by the Peruvian Consulate in Tokyo wherein he confirmed the account he gave to the press and stated that in the midst of the rescue operation, as he was being evacuated with other hostages, he caught sight of two MRTA rebels whom the commandos had surrounded and disarmed. He heard the woman cry “don’t kill me or don’t kill him.” Later, in the neighboring residence, he saw “Tito” or Eduardo Cruz Sánchez, who had been caught and turned over to a commando, who took him back to the residence. He later heard the account that claimed that all the MRTA rebels had died in battle, which is why he was confirming his account of the extrajudicial executions. 15. In the Prosecutor’s inquiries, the bodies of the deceased MRTAs were exhumed and examined by forensic physicians and forensic anthropologists, experts from the Institute of Forensic Medicine, from the Criminology Division of the National Police and from the Peruvian Forensic Anthropology Team, some of whom have served as experts for the International Tribunal for the former Yugoslavia. Another member of the group was a foreign expert, Dr. Clyde Snow. Statements were taken from various officers who took part in the rescue operation and from some of the rescued hostages. 16. In their statements to the Prosecutor’s Office, non-commissioned National Police officers Raúl Robles Reynoso and Marcial Teodorico Torres Arteaga stated that they took Eduardo Cruz Sánchez alive, as he was attempting to get away by mingling with the hostages when they were at the house in back of the Japanese Ambassador’s residence. His capture was reported to the superior officer, Jesús Zamudio Aliaga, who ordered that he be handed over to a commando. The latter took Cruz Sánchez back to the residence. Cruz Sánchz later turned up dead. The examination done by the forensic anthropologists and forensic physicians revealed that the deceased had been shot once, while in a defenseless posture vis-à-vis his assailant. 17. Based on this evidence and invoking Law No. 27379, a law enacted during the democratic transition Government authorizing the adoption of special measures to restrict liberty, Prosecutor Saavedra petitioned the court seeking the preliminary detention of 11 officers in the Armed Forces. Judge Cecilia Polack of the Third Special Court for Anti-Corruption Cases granted the request and issued arrest warrants for those officers. Attorney General Nelly Calderón supported the measure. In a statement made on May 20, 2002, to Radio Programas del Perú (RPP) she said the following: “We prosecutors are supporting the action taken by prosecutor Saavedra, because he has done a careful investigation (and) unfortunately the evidence suggests culpability. That evidence has to be collated to determine what degree of responsibility each arrested officer bears." 18. The petitioners pointed out that the arrest warrants ordered by the court elicited strong reactions within the executive branch of government, particularly from the Minister of Defense, who publicly expressed his support for the officers named in the judge’s order. The minister of justice, the minister of the interior and the prime minister also questioned the arrest warrants issued by Judge Cecilia Polack, arguing that the arrests would be detrimental to the antisubversive campaign. On May 15, Congressmen José Barba Caballero and Rafael Rey introduced a petition in Congress seeking amnesty for Peruvian Army General José Williams 3