18
throughout the day; she was interrogated by Captain Zárate; the police bound her
hands and touched her all over her body; they abused her and beat her; they took
her to the beach together with other detainees; she was blindfolded and bound; she
was beaten, undressed, and raped through the vagina and rectum, and plunged in
the sea; she thought that she fainted; the policemen continued to beat her on the
way to DINCOTE; every day she was abused and fondled; she saw her sister after
fifteen days, but was unable to speak to her; Captain Zárate was present when she
was interrogated on February 15; a statement was taken from her, in which she
denied that she belonged to any subversive group; Captain Zárate was also in
charge of the squad that arrested her and took her to the beach; she remained at
the police station from February 6 to 26, and was always kept handcuffed and
blindfolded; there were several persons there, and they slept on the floor; on March
3, 1993, she was taken to the establishment where she was currently held; she had
initially been detained at DINCOTE; she thought she had also been at the Military
Veterinary Hospital; the atmosphere there was like a prison, and they slept on the
floor; the military interrogation had taken place there; she refused to cooperate in
the initial interrogation on the ground that her attorney was not present; on the
second day the military prosecutors continued to question her; she was assigned a
court-appointed attorney, and the Judge and the Naval Military Prosecutor were also
present; she was harassed and tortured, and threatened with the death of her sister
and daughter to force her to make a pretrial statement to ensure her family's safety;
she was transferred to the prison; the interrogation lasted about three days; she was
acquitted by the court of first instance; she never enjoyed the right to legal counsel
or to have her attorney present; when she was tried in the civil courts she was in
detention at Chorrillos Women's Maximum Security Prison; there the inmates lived in
blocks, there was no isolation cell, and all the cells were the same; after she had
been taken to the beach she was examined by a doctor and told him that her arms
were bruised; the only person present for her pretrial statement at DINCOTE was
Captain Zárate, but the prosecutor was not present; when she made her pretrial
statement before the Special Naval Court the persons there were wearing hoods, and
neither Captain Zárate nor her attorney attended; the attorneys who represented
her were Dr. Carolina Loayza-Tamayo and Dr. Nicolás de Piérola.
f.
Testimony of Víctor Alvarez-Pérez
Víctor Alvarez-Pérez, defense attorney for witness Mr. Cantoral-Benavides, testified
that he felt fear in his professional task as the attorney for a co-defendant in the
case against María Elena Loayza-Tamayo; one reason was that the crime of
collaboration in terrorism was governed by law and he could be charged with that
crime or the crime of activities against the public administration; a number of
lawyers had been prosecuted on charges of terrorism; another reason for his fear
was that he had been investigated along with other lawyers, having appeared on a
secret list of persons allegedly suspected of unlawful practice of the profession,
comprising for the most part lawyers who were human rights activists, including
Carolina Loayza. He testified that he had received several threats. The police
arbitrarily and unlawfully decided in which courts a detainee should be tried, without
the legal authority to do so; counter-insurgency legislation extended the military
jurisdiction to civil proceedings. He declared that the military proceeding was
irregular and the military judges faceless, wearing hoods and military uniforms; they
had no legal training, and could not be recused. The military hearing took place in a
barracks on the Las Palmas military base, and was only one phase of the judicial
investigation, which was followed by an appeal to the Special Naval Court Martial,
which reviewed the judgment of the court, thence to the Special Military Supreme
Council also for review of the judgment; any representations had to be made within