21
Special court.
h.
Expert report of Hector Faúndez-Ledezma
Expert and university professor Hector Faúndez Ledezma referred to the right to
personal liberty, the ways in which arrests were made and their arbitrariness. He
explained the general conditions and principles on which a fair trial were based,
mentioning the principle of non bis in idem and the content of Article 27 of the
Convention.
i.
Expert opinion of Julio Maier
Expert and university professor Julio Maier referred to the principle of non bis in
idem, to the principle of innocence, the statement of the accused as a means of
defense, and to the broad interpretation that could be given to the American
Convention.
j.
Expert opinion of León Carlos Arslanian
Expert León Carlos Arslanian, who was a member of the Commission of International
Jurists on the Administration of Justice in Peru in 1993, referred to the harassment,
tactics of intimidation and threats used by the Intelligence Bureau of the Ministry of
the Interior of Peru against attorneys defending the human rights of persons accused
of terrorism. He said that, studying Peruvian legislation with other experts and
comparing it to international rules, he had encountered contradictions. As an
example, he cited the fact that a number of decrees described treason and terrorism
in identical terms, making for uncertainty as to which law was to be applied, and
making for arbitrariness.
X
46.
The Court deems the following facts to have been proven:
a.
That on February 6, 1993, Ms. María Elena Loayza-Tamayo was detained by
members of DINCOTE at a property she owned on Mitobamba Street, Block D, Lot
18, Los Naranjos Estate, Los Olivos District, Lima, Peru (cf. 1994 Report of the Task
Force of the Government of Peru; Expanded Police Report Nº 049-DIVICOTE 3DINCOTE of February 25, 1993; DINCOTE notification of detention of María Elena
Loayza-Tamayo on February 6, 1993; Report Nº 176-93-DEGPNP-EMPEMG/DIPANDH; María Elena Loayza-Tamayo's statement to DINCOTE of February 15,
1993; testimony of María Elena Loayza-Tamayo of December 12, 1996, and that of
Luis Alberto Cantoral-Benavides of December 11, 1996).
b.
That when María Elena Loayza-Tamayo was detained, there existed in the
Department of Lima and in the Constitutional Province of Callao a state of emergency
and suspension of the guarantees provided in Article 2(7), (9), (10), and (20)(g) of
the Peruvian Constitution in force at that time (cf. 1979 Political Constitution of Peru,
and Supreme Emergency Decree Nº 006-93-DE-CCFFAA of January 19, 1993; and
answer to the application).
c.
That from February 6 to 26, 1993, Ms. María Elena Loayza-Tamayo was held
in administrative detention at DINCOTE, and was held incommunicado from February
6 to 15 (cf. 1994 Report of the Task Force of the Government of Peru; Expanded