31
First detention of María Teresa De La Cruz Flores
73(8) On March 27, 1990, María Teresa De La Cruz Flores was detained and
prosecuted for the crime of terrorism, in the category of unlawful association
(hereinafter “the first detention”). Rolando Estrada Yarleque was detained at
the same time.36 The facts set out in the complaint and in the court order to
investigate the crime were as follows: “that on March 27, 1990, the
defendants, Rolando Estrada Yarlequé and María Teresa De la Cruz Flores
were detained inside the ‘Chincha’ Polyclinic by [private] security personnel,
because [a] guard [...] observed the defendant Estrada Yarlequé attaching
“pegatinas” inciting the population to an armed strike on March 28, 1990,
convened by the subversive group, Sendero Luminoso, to the walls of one of
the washrooms on the third floor when he was following him. He informed the
Supervisor of the facility […], who detained them moments later when the
defendants were talking. The defendant, De la Cruz Flores de Blanco, tried to
cover up for her co-defendant by seizing the package he had between his
legs, while stating that Estrada Yarlequé was her patient and the package was
hers.”37
73(9)
Following her detention, Mrs. De La Cruz Flores was kept in the
Castro Castro Prison for four months, after which she was granted
unconditional liberty on July 26, 1990, under Article 20138 of the Code of
Criminal Procedure.39
73(10) The facts that led to the first detention of María Teresa De La Cruz
Flores were heard, on different occasions, by the Twelfth Correctional Court of
the Superior Court of Justice of Lima, under file No. 257-90; by the National
Corporative Superior Criminal Chamber for Terrorism Cases of the Lima
Superior Court of Justice, under file No. 723-93; and by the Criminal Chamber
of the Supreme Court of Justice, under file No. 1432-99.40
36
Cf. judgment delivered on February 21, 1991, by the Twelfth Correctional Court of the Superior
Court of Justice of Lima in file No. 257-90 (file of appendixes to the application, appendix 26, folios 276 to
278); judgment delivered on June 15, 2000, by the Criminal Chamber of the Supreme Court of Justice in
file No. 1432-99 (file of appendixes to the application, appendix 28, folios 290 to 291); sworn written
statement made by María Teresa De la Cruz Flores on May 28, 2004, before notary public (file of
appendixes to the brief answering the application and affidavits, folios 808 to 8118); and testimony of
Álvaro Eduardo Vidal Rivadeneyra before the Inter-American Court on July 2, 2004.
37
Cf. judgment delivered on February 21, 1991, by the Twelfth Correctional Court of the Superior
Court of Justice of Lima in file No. 257-90 (file of appendixes to the application, appendix 26, folios 276 to
278).
38
Article 201 of the Peruvian Code of Criminal Procedures establishes: “If, at any stage of the pretrial investigation, it is fully proved that the defendant is not guilty, the Judge, de oficio or at the request
of the accused must order his unconditional liberty and the order deciding this shall be executed
immediately […]”.
39
Cf. sworn written statement made by María Teresa De la Cruz Flores on May 28, 2004, before
notary public (file of appendixes to the brief answering the application and affidavits, folios 808 to 818);
and official communication No. 15-90-VRM-T of July 26, 1990 (file of appendixes to the application,
appendix 26, folio 275).
40
Cf. judgment delivered on February 21, 1991, by the Twelfth Correctional Court of the Superior
Court of Justice of Lima in file No. 257-90 (file of appendixes to the application, appendix 26, folios 276 to
278); judgment delivered on May 18, 1992, by the National Corporative Superior Criminal Chamber for
Terrorism Cases of the Lima Superior Court of Justice in file 510-91-B (file of appendixes to the
application, appendix 26, folios 279 and 280); judgment delivered on March 4, 1999, by the National