46
to left-wing political parties of Peru and the organization Shining Path. The
aforementioned report further indicated that the financial and economic information
about Peru stored in the hard disk of the alleged victim’s personal computer
constituted evidence of the alleged relation between Urcesino Ramírez-Rojas and
Shining Path. In addition, the Police Report accused Héctor Aponte-Sinarahua, among
others, of having committed the crime of terrorism, homicide, theft, and document
forgery. Moreover, the aforementioned report indicated that the authorities competent
to hear the case were the Forty-Sixth Provincial Criminal Public Prosecutor’s Office of
Lima (Cuadragésima Sexta Fiscalía Provincial Penal de Lima) and the Forty-Sixth
Criminal Magistrate’s Court of Lima (Cuadragésimo Sexto Juzgado de Instrucción de
Lima).
Regarding the first proceedings brought against Urcesino Ramírez-Rojas
97(77) On August 9, 1991, the Special Provincial Public Prosecutor’s Office for
Terrorism of Lima (Fiscalía Especial de Terrorismo de Lima) filed a complaint against
Urcesino Ramírez-Rojas et al. for the crime of terrorism and theft against the State et
al.
97(78) On August 9, 1991, the Forty-Sixth Magistrate’s Court of Lima (Cuadragésimo
Sexto Juzgado de Instrucción de Lima) ordered that criminal investigation be
commenced against Urcesino Ramírez-Rojas, Isabel Cristina Moreno-Tarazona, Héctor
Aponte-Sinarahua, and other three individuals who had not yet been arrested,
including the alleged leader of the organization Shining Path, Manuel Rubén Abimael
Guzmán-Reinoso, for the “crime of terrorism and property theft to the detriment of the
State [et al.].” In that judicial order, an arrest warrant against Urcesino Ramírez-Rojas
was issued. To that date, Urcesino Ramírez-Rojas had been held in custody at police
premises for fourteen days.
97(79) On December 26, 1991 and February 15, 1992, Urcesino Ramírez-Rojas
requested the Forty-Sixth Magistrate’s Court of Lima (Cuadragésimo Sexto Juzgado de
Instrucción de Lima) that he be released on bail, pursuant to the provisions of Article
201 of the Criminal Procedural Code then in force, on the grounds of his innocence and
the fact that the charges against him were not based on sufficient legal grounds as
they had been brought on the basis of assumptions.
97(80) On January 17, 1992, the Forty-Third Magistrate’s Court of Lima
(Cuadragésimo Tercer Juzgado de Instrucción de Lima) assumed jurisdiction over the
case.
97(81) On June 17, 1992, the Forty-Third Magistrate’s Court of Lima (Cuadragésimo
Tercer Juzgado de Instrucción de Lima) held that the commission of the crime of
terrorism had been proven, as well as the criminal liability of Urcesino Ramírez-Rojas
et al.
97(82) On January 22, 1993, the Public Prosecutor’s Office brought criminal charges
against Urcesino Ramírez-Rojas et al. “as perpetrator[s] of the crime of [t]errorism
against the State [et al., and proposed] to the Criminal Chamber that a sentence of
thirty years’ imprisonment be [imposed thereon] […].” Furthermore, the Public
Prosecutor’s Office held that the merits of the case were not sufficient to commence
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