14
same acts and sentenced in two trials, inasmuch as the Military Justice relinquished
competence to hear the case against her for treason, and referred the case for trial
by the civil or civil courts.
i.
As to the claim that Ms. María Elena Loayza-Tamayo's attorney was not
informed of the charges against her, the State claimed that the attorney and the
defendant repeatedly submitted observations on the facts and processing of the case
-paragraphs 15, 34 and 37 of the application- which suggests that they were
perfectly aware of the proceeding and were not impeded in the exercise of their
rights. It also denies that the defense attorney or any other lawyer acting on Ms.
María Elena Loayza-Tamayo's behalf either in the military or civil courts, "had been
subjected to intimidation or any other tactics that prevented them from freely
practicing their profession."
j.
That on February 6, 1993, the date on which Ms. María Elena Loayza-Tamayo
was detained, a state of emergency had been declared in the Department of Lima
and the Constitutional Province of Callao under Supreme Decree 006-93-DE-CCFFAA
of January 19, 1993, for a period of sixty days starting on January 22, 1993.
Further, the constitutional guarantees established in paragraphs 7 (inviolability of
domicile), 9 (free choice of domicile, and freedom of transit within the national
territory), 10 (freedom of unarmed association), and 20(g) (right to personal liberty
and security except, inter alia, in cases of terrorism) of Article 2 of the 1979
Constitution of Peru had been suspended.
k.
In its closing arguments, Peru maintained that when the Commission crossexamined the witnesses and experts at the public hearing held on February 5, 1997,
it put questions that had no connection with the purpose of the hearing. The State
therefore requested that any statements by the witnesses and expert opinions
unrelated to the purpose for which they were called be deemed neither to have been
asked nor answered. It further argued that Ms. Loayza-Tamayo's appearance as a
witness before the Court was an anomaly inasmuch as she was a party with a direct
interest in the outcome of the case. The State argued that the testimony of Luis
Guzmán-Casas, Luis Alberto Cantoral-Benavides, Juan Alberto Delgadillo-Castañeda,
and Pedro Telmo Vega-Valle, who were sentenced to prison terms for the crimes of
terrorism and treason, were biased as they had an interest in the outcome of the
instant Case.
VIII
39.
The Commission submitted copies of a series of documents and statements
concerning cumulative cases against a number of persons, including Ms. María Elena
Loayza-Tamayo, in the military and civil courts, and of reports from the Office of the
Attorney General, judgments, and copies of statements and declarations. It also submitted
official communications from several State departments, newspaper clippings, two videos,
reports from various organizations, and some Peruvian legal texts.
40.
The State produced evidence in the form of numerous documents relating to the
trials in the civil and military authorities, including prosecution reports, judgments, copies of
statements and declarations, official registration of domicile, and some Peruvian legal texts.
41.
In the instant Case the Court evaluates the documents submitted by the Commission
and the State, which, incidentally, were neither refuted nor contested.