16
60(19) On December 15, 1992, a manifestation called the “Marcha Unitaria” [United
Protest March] was held, with the presence of Pedro Huilca Tecse and the
participation of workers, grass-roots organizations, the unemployed, street
salesmen, merchants, workers who had been made redundant, and retirees.
60(20) The same day, Pedro Huilca Tecse wrote an article entitled “Luchamos por
una causa superior a nuestras vidas” [We are fighting for a cause that is more
important than our lives], in which he referred to the speech made by the former
President of Peru, Alberto Fujimori, during the CADE, and criticized his Government.
60(21) On December 17, 1992, the day before his murder, Pedro Huilca Tecse
addressed a manifestation in the central streets of Lima.
The attack on Pedro Huilca Tecse
60(22) On December 18, 1992, Pedro Huilca Tecse was leaving his home in Lima on
his way to work, together with his daughter, Flor de María Huilca Gutiérrez, and his
stepson, Julio César Escobar Flores, when a group of eight to ten armed individuals
approached them and, unexpectedly, one of them shot Pedro Huilca Tecse several
times, killing him.
60(23) Julio César Escobar Flores, son of Martha Flores Gutiérrez and stepson of the
alleged victim, who was in the back seat of the car was injured. Pedro Huilca Tecse’s
daughter, Flor de María, who was unharmed, got out of the car to ask for help. When
she tried to go back into her house, she came face to face with a woman with a
handgun. Martha Flores Gutiérrez, the alleged victim’s companion, observed the
incident from the door of the house.
60(24) As the armed group fled, they fired shots at the door of the Huilca Tecse
family’s house.
Regarding the domestic investigations into the facts
a.
Investigations against alleged members of Sendero Luminoso
60(25) After the murder of Pedro Huilca Tecse, his next of kin were not called to
make a statement by the Peruvian authorities responsible for the investigation.
Later, the National Counter-terrorism Directorate (hereinafter “DINCOTE”) of the
Peruvian National Police (hereinafter “PNP”) told them that the authors of the crime
had already been captured and were members of Sendero Luminoso.
60(26) On January 13, 1993, DINCOTE prepared police attestation No. 008-D1
DINCOTE, in which it accused several people of the crime of treason, in the form of
selective elimination, guerrilla warfare, sabotage, agitation and armed propaganda,
for different acts that had taken place in Lima’s Cono Norte sector. The alleged
planning of the murder of Pedro Huilca Tecse was underscored among these acts,
even though Flor de María Huilca Gutiérrez and Martha Flores Gutiérrez, who were
eyewitnesses to the event, went to the Police to make a voluntary statement and
declared that the individuals presented by the Police as the alleged murderers of the
victim, were not those who had attacked him.
60(27) On January 20, 1993, based on the above-mentioned police attestation made
by DINCOTE, the Navy’s Special Provincial Prosecutor filed a formal complaint
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