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first test, which incriminated Luis Alberto Cantoral-Benavides, did not appear before
the court to ratify the content of same. Given the discrepancy between the findings
of the tests, there should have been a debate between the experts, but this never
took place. The same evidence used to convict Luis Alberto Cantoral-Benavides was
used to acquit Margarita Clarivel Mateo-Bullón of the same charges, even though
both were alleged to have prepared the documents.
Luis Alberto Cantoral-Benavides was finally convicted of the crime of terrorism and
sentenced to 20 years in prison, based on the same facts for which he was tried in
the military jurisdiction. The charges against Luis Alberto Cantoral-Benavides were
never clear. Also, since the definition of the crimes of treason against the fatherland
and terrorism are very similar, there was confusion regarding the charges against his
client. The Supreme Court of Peru upheld the judgment of the Superior Court of
Lima, based on the same merits. In the judgment, no consideration was given to the
allegation of res judicata made by the defense. As a lawyer, he faced difficulties in
mounting a defense in the ordinary jurisdiction, such as being prohibited, by law, to
represent more than one person, or to present any motion on behalf of persons tried
for the crimes of treason against the fatherland and terrorism; also, he was not
notified when the motions he presented were denied. In the regular jurisdiction,
during the investigation phase of the proceedings, the members of the Tribunal did
not wear masks or hoods, and it was possible to recognize them, but during the oral
proceeding the judges were hidden behind a two-way mirror and spoke through a
microphone that distorted their voices. As regards the military judges, when he went
to the Supreme Council of Military Justice in the process of preparing the defense, he
found five alleged judges, one judge advocate and one prosecutor, who wore military
uniforms and ski masks; it was possible to see the eyes of only one or two of them
because the others wore dark glasses.
He was not subjected to direct threats or any type of hostility. However, his name
was later found on a confidential list of lawyers and journalists that were being
investigated by the National Intelligence Service of the Ministry of the Interior of
Peru.
f.
Testimony of Rosa María Quedena-Zambrano, attorney, Deputy
Executive Director of the Ecumenical Foundation for the
Development of Peace (FEDEPAZ).
She became aware of Luis Alberto Cantoral-Benavides’ acquittal via the presentation
of a writ of habeas corpus on behalf of Pedro Telmo Vega-Valle, who was being tried
in the same proceeding. Only then did she learn of the judgment of acquittal
rendered by the Supreme Council of Military Justice on August 11, 1993, since the
habeas corpus had been declared inadmissible based on said judgment. The judge
who executed the judgment made an error when transcribing it; he released three
people who had actually been convicted, rather than Luis Alberto CantoralBenavides, Margarita Mateo Bullón and Ladislao Amán. Subsequently, orders were
given to recapture all three.
A writ of habeas corpus was submitted to the 26th Criminal Court of Lima to require
the appearance of the special Naval Investigating Judge identified with the code
number BT1000-3000, on behalf of Luis Alberto Cantoral-Benavides and the two
other people acquitted in the judgment of August 11, 1993. Said writ was submitted
on the grounds that the Supreme Council of Military Justice, on September 24, 1993,
modified the earlier judgment only as it referred to Luis Alberto Cantoral-Benavides