7
V
DOCUMENTARY EVIDENCE
36.
As appendices to the application, the Commission submitted copies of 27
documents contained in 23 appendices.2
37.
As appendices to the answer to the application, the State submitted copies of
46 documents.3
2
cfr. appendix I, Report No. 15-A/96 case 11.337, of March 5, 1996; appendix II, judgment of the
Special Naval Court, of March 5, 1993; appendix III, Prosecutor’s Report, of March 12, 1993; appendix IV,
judgment of the Special Naval War Council, of April 2, 1993; appendix V, judgment of the Special Tribunal
of the Supreme Council of Military Justice for Matters Related to Treason Against the Fatherland, of August
11, 1993; appendix VI, official letter 026-JIE-011-93-TP from the Special Naval Investigating Judge, of
August 20, 1993; official letter 604-IX-RPNP/JAJ-DEPS-Ica, from the Director of the E.P.I., dated
September 27, 1993 and addressed to Mrs. Elba Greta Minaya-Calle, Provisional Judge of the First
Criminal Court of Lima; decision of the Special Naval Investigating Judge, of August 17, 1993, and
judgment of the First Criminal Court of Lima, of September 21, 1993; appendix VII, judgment of the Full
Special Tribunal of the Supreme Council of Military Justice, of September 24, 1993; appendix VIII, writ of
the 43rd Criminal Court of Lima, dated October 8, 1993; appendix IX, opinion of January 7, 1994, and writ
of the Criminal Judge of Lima, of December 29, 1993; appendix X, judgment of the Special Criminal
Branch of the Superior Court of Lima, of October 10, 1994; appendix XI, judgment of the Supreme Court
of Peru, of October 6, 1995; appendix XII, note from the Permanent Mission of Peru to the Organization of
American States, of September 7, 1994; appendix XIII, Report No. 057-95-JUS/CNDH-SE-DPDDH, from
the Director for the Promotion and Dissemination of Human Rights, of May 3, 1995, to the Executive
Secretariat of the National Council on Human Rights; appendix XIV, note from the Ecumenical Foundation
for Development and Peace (FEDEPAZ), of November 14, 1995, to the Inter-American Commission on
Human Rights; appendix XV, report prepared by the task force comprising representatives of the
Ministries of Justice, Interior, Defense and Foreign Relations, as well as the Office of the Public Prosecutor
and the Judicial Branch of Peru, of June 1996; appendix XVI, Decree Law No. 25.659, of August 13, 1992;
appendix XVII, statement from Luis Alberto Cantoral-Benavides while at the holding cells of the Palace of
Justice in Lima, given at 11:00 a.m. on May 5, 1993; appendix XVIII, official letter No. 4030-93-MP-FN
from the Office of the Public Prosecutor National Prosecutor, dated December 9, 1993, and addressed to
the Third Vice President of the Congress; appendix XIX, Report on torture in Peru and other cruel,
inhuman and degrading types of treatment or punishment, January 1993 to September 1994, prepared by
the National Coordination Office for Human Rights; appendix XX, newspaper article entitled “Confesion a
Golpes” by María Elena Castillo; appendix XXI, newspaper article entitled “Caen 14 Senderistas que
mataron ocho soldados y dinamitaron 2 Comisarias,” newspaper La Nacion – Lima, Saturday, February 27,
1993; appendix XXII, contained no documentation; appendix XXIII, decision of the Special Naval War
Council, of September 14, 1993, and appendix XXIV, writ of October 31, 1995.
3
cfr, brief from Luis Alberto Cantoral-Benavides’ lawyer, addressed to the Special Criminal Judge
of the 43rd Criminal Court of Lima, of October 13, 1993; brief from Luis Alberto Cantoral-Benavides’
lawyer, addressed to the Special Criminal Judge of the 43rd Criminal Court of Lima, of October 25, 1993;
statement made by Luis Alberto Cantoral-Benavides before the 43rd Criminal Court of Lima during the
investigation stage, December 1, 1993; brief from Luis Alberto Cantoral-Benavides’ lawyer, addressed to
the Special Criminal Judge of the 43rd Criminal Court of Lima, received December 8, 1993; brief from Luis
Alberto Cantoral-Benavides’ lawyer, addressed to the Special Criminal Judge of the 43rd Criminal Court of
Lima, of December 14, 1993: brief from Luis Alberto Cantoral-Benavides’ attorney, addressed to the
Special Criminal Judge of the 43rd Criminal Court of Lima, of December 15, 1993; brief from Luis Alberto
Cantoral-Benavides’ lawyer, addressed to the Special Branch of the Superior Court of Lima, of February
16, 1994; brief from Luis Alberto Cantoral-Benavides’ lawyer, addressed to the Special Branch of the
Superior Court of Lima, of January 27, 1994; brief from Luis Alberto Cantoral-Benavides’ lawyer,
addressed to the Special Branch of the Superior Court of Lima, of February 2, 1994; brief from Luis
Alberto Cantoral-Benavides’ lawyer, addressed to the Special Branch of the Superior Court of Lima, of
January 27, 1994; brief from Luis Alberto Cantoral-Benavides’ lawyer, addressed to the Special Branch of
the Superior Court of Lima, dated January 26, 1994; letters of notification/Superior Court of Lima, File
634-93, of June 24, July 18 and 22, 1994; written record of the hearing held at the Special Criminal Court
at Santa Monica prison on July 26, 1994, in which Luis Alberto Cantoral-Benavides’ statement was taken;
minutes from August 3, 10, 20 and 24, at Santa Monica, and September 3, 6,16 and 19, 1994, at the
Castro-Castro prison, which contain the continuation of the hearing; letter of notification/Superior Court of
Lima, File 634-93, of August 5, 1994: letter of notification/Superior Court of Lima, File 634-93, dated June
24, 1994; conclusions prepared by the defense in the trial of Luis Alberto Cantoral-Benavides for the
alleged commission of the crime of terrorism, from Víctor Álvarez-Pérez, of September 1994; brief from