29
VI
PROVEN FACTS
73.
Based on the facts described in the application, the documentary evidence,
the statements of the witnesses, the reports of the expert witnesses, and the
arguments of the Commission, the alleged victim’s representatives, and the State,
the Court considers that the following facts are proven:
Background and juridical context
73(1) From 1980 to 1994, Peru experienced serious social upheaval as a
result of terrorist acts.29
73(2) Within the framework of the anti-terrorist legislation enacted in Peru,
on May 5, 1992, Decree Law No. 25,475 entitled “Establishing the penalties
for crimes of terrorism and the procedures for their investigation, pre-trial
proceedings, and trial,” was promulgated. It defined crimes such as terrorism
and collaboration with terrorism, and established procedural rules for
investigating and trying these crimes.30
73(3) DINCOTE was the organ responsible for preventing, denouncing and
combating terrorist activities; it prepared a document called a “police
deposition,” which provided the grounds for trying crimes of terrorism.31
73(4) In accordance with Decree Law No. 25,475 promulgated on May 5,
1992, trials for crimes of terrorism were characterized, inter alia, by: the
possibility of ordering the absolute incommunicado of those detained for the
maximum time defined by law; the restriction of the defense lawyers’
participation until after the person detained had made a statement; the
inadmissibility of parole for the defendant during the pre-trial proceedings;
the prohibition to offer as a witness anyone who had intervened, because of
his functions, in the preparation of the police deposition; the obligation of the
Superior Prosecutor to formulate a charge “under his own responsibility”; the
holding of the trial in private hearings; the inadmissibility of raising objections
to any of the judges and judicial agents intervening in the trial; the
29
Cf. Case of the Gómez Paquiyauri brothers, supra note 27, para. 67(a); Case of Cantoral
Benavides. Judgment of August 18, 2000. Series C No. 69, para. 63(t); Case of Castillo Petruzzi et al..
Judgment of May 30, 1999. Series C No. 52, para. 86(1); Case of Castillo Páez. Judgment of November 3,
1997. Series C No. 34, para. 42; Case of Loayza Tamayo. Judgment of September 17, 1997. Series C No.
33, para. 46(l); Inter-American Commission on Human Rights, Report No. 101/01, Cases Nos. 10,247 et
al., paras. 160 to 171; Inter-American Commission on Human Rights, Report on the Situation of Human
Rights in Peru, 1993, Document OEA/Ser.L/V/II.83. Doc. 31, March 12, 1993, para. 16; and final report of
the Truth and Reconciliation Commission, general conclusions (file on merits, reparations, and costs, tome
II, appendix 2 to the brief presented by the alleged victim’s representatives on December 19, 2003).
30
Cf. Decree Law No. 25,475 (file with the State’s comments on the affidavits, appendix 10 of the
brief with comments on the expert report made before notary public by Mario Pablo Rodríguez Hurtado,
folios 975 to 980).
31
Cf. Decree Law No. 25,475 (file with the State’s comments on the affidavits, appendix 10 of the
brief with comments on the expert report made before notary public by Mario Pablo Rodríguez Hurtado,
folios 975 to 980).