33 97(10) Wilson García-Asto, a Peruvian national, was born on February 22, 1970 and at the time the events described in the instant case occurred he was twenty-five years old and was in the last year of the course of studies of Systems Engineering at the School of Industrial and Systems Engineering of the National University of El Callao (Facultad de Ingeniería Industrial y de Sistemas de la Universidad Nacional del Callao). Regarding the detention of Wilson García-Asto and the police investigation 97(11) On June 30, 1995, while he was at the bus stop, Wilson García-Asto was arrested by DINCOTE personnel, who did not show an arrest warrant. He was detained at the same time that Nicéforo Bartolomé Melitón-Cárdenas and María Beatriz Azcarate-Vidalón were also detained. 97(12) On the same June 30, 1995, the police issued a record following the personal search of Wilson García-Asto, wherein it was entered that the documents found on him were “three (3) subversive leaflets.” The alleged victim refused to sign the record of personal search on the grounds that the leaflets were not his. 97(13) On the same June 30, 1995 Wilson García-Asto was transferred to the DINCOTE facilities, where he was held incommunicado until July 12, 1995, when he made a statement before the police. 97(14) On July 1, 1995, members of the Peruvian National Police conducted a search of the domicile of the alleged victim, who lived with his parents and siblings. The police did not have a search warrant and the search was conducted in the absence of the representative of the Office of the Public Prosecutor, who arrived when it was almost concluded. During the domicile search, a computer was seized. Likewise, a number of documents were seized as “subversive literature, including manuscripts, newspapers, leaflets, pamphlets, and other documents,” as well as ninety-nine diskettes the content of which was not described, as they were not examined by the authorities. Wilson García-Asto’s next of kin were forced to sign the record of the domicile search. Furthermore, the alleged victim was forced to sign the record without having read it, under the threat that his next of kin would be detained. 97(15) On July 11, 1995, Nicéforo Bartolomé Melitón-Cárdenas made a statement before the police, wherein he declared that he knew Wilson García-Asto. He did not ratify this statement, however, upon making a statement before the criminal judge during the pre-trial investigation proceedings (infra para. 97(22)). 97(16) On July 12, 1995, Wilson García-Asto made a statement before the police, wherein he declared that the documents listed in the record of personal search had not been seized from him and were not his. 97(17) On the same July 12, 1995, María Beatriz Azcarate-Vidalón made a statement before the police, wherein she denied knowing Wilson García-Asto. 97(18) On July 13, 1995, the PNP issued police report No. 071-D3-DINCOTE (hereinafter “police report No. 071”), wherein they stated that when Wilson GarcíaAsto was detained, “the terrorist propaganda documents described in the pertinent