21
56.
In the present case, in addition to not facilitating the appearance of the
aforementioned witness, the State failed on various occasions to provide the
following documentation: legislation related to all the procedural aspects of the
extraordinary motion for review; a certified copy of the motion for review of the
judgment rendered by the Supreme Council of Military Justice; the decision of the
Supreme Court of Peru, dated October 22, 1993; the records of the military trial of
Luis Alberto Cantoral-Benavides; and documents the State was asked to re-submit
because they were illegible. In addition to this, it refused to allow Mr. Luis GuzmánCasas’ testimony to be taken in Peru. Therefore, the Court considers that the State
did not fulfill its obligation to help clarify the facts of the case.
57.
As regards the medical certificate issued by the Peruvian Institute of Forensic
Medicine on February 8, 1993, two days after Cantoral-Benavides’ detention, on the
basis of which it denied that the alleged victim had been tortured, it is the criteria of
the Court that said certificate is not enough to weaken Cantoral-Benavides’ version
of how he was treated in prison, considering that it only proves the absence of injury
at a given moment, probably prior to the mistreatment to which he was submitted.
Also, the file contains indications that make it possible to affirm that the medical
exam that led to the issuance of the certificate (infra 63.g.) was not thorough, and
that it constituted little more than a mere administrative formality.
58.
Regarding the testimony given in the present case, the Court accepts it only
to the extent that is in keeping with the purpose of the interrogation proposed by the
Commission and, as for the expert opinion of Mr. Arsenio Ore-Guardia, the Court
accepts it because it is related to the knowledge of the expert in the field of national
or comparative law. With regard to the statement given by Mr. Julio Guillermo
Neira, same is incorporated into the evidence as testimonial evidence, since it was
proposed as such by the Commission in its application.
59.
As for the statement given by Luis Alberto Cantoral-Benavides, the Court
considers that, since he is the alleged victim in this case and has a direct interest in
same, his comments cannot be assessed in isolation, but rather in light of the whole
of the evidence of this proceeding. However, it must be considered that the
statements of Mr. Cantoral-Benavides have special value, since it is he who can
provide the most information regarding certain facts and alleged violations
committed against his person. Taking into consideration the affirmations of the
Commission regarding the fact that the accused was held incommunicado, his
testimony becomes highly presumptive, since, if this fact could be demonstrated, it
would imply necessarily that only Mr. Cantoral-Benavides and the State would have
knowledge of the treatment the former received during the corresponding period.15
Therefore, said statement is incorporated into the evidence, with the reservations
expressed.
60.
As for the evidence produced in the Loayza-Tamayo case, and incorporated
into the evidence of the present case (supra para. 38) by decision of the Court, it
should be pointed out that same will be assessed within the context of the whole of
evidence in this proceeding, and in accordance with the rules of “reasoned
judgment.”
61.
As for the official letter from the Registry of Complaints and Files (RUDE), the
certification from the Executive Office of the Penitentiary Record Center of the
15
cfr. Suárez-Rosero Case, supra note 10, para. 33.