21
86.4 During the operation identified as El Alacrán, which DINCOTE
conducted on October 14 and 15, 1993, the following persons were detained
in the city of Lima: Lautaro Mellado Saavedra and Alejandro Astorga Valdez,
both on block 22 of Av. Las Magnolias, San Isidro; María Concepción Pincheira
Sáez, at Calle Vesalio No. 716, San Borja; and Jaime Francisco Castillo
Petruzzi, on “Mz-A-20” street in the La Aurora-Surquillo development.23
86.5 At the time that Jaime Francisco Castillo Petruzzi, María Concepción
Pincheira Sáez, Lautaro Enrique Mellado Saavedra and Alejandro Luis Astorga
Valdez were detained and then tried by the military courts, a state of
emergency was in effect in the Department of Lima and the Constitutional
Province of Callao. With that, the guarantees provided under Article 2,
subparagraphs 7 (inviolability of domicile), 9 (freedom of movement), 10
(right of assembly) and 20.g (arrest and appearance before a judge) of the
Peruvian Constitution in effect at that time were suspended; a Military
Political Commander was in charge of keeping internal order in the areas
where the state of emergency had been declared. The state of emergency
was in effect for the duration of the period in which the alleged victims were
on trial.24
86.6 While a police investigation is in progress, suspects do not have a right
to legal counsel until such time as they make a statement as to the facts. It
was at this point that the alleged victims were assigned court-appointed
attorneys.25
86.7 The procedures conducted during the course of DINCOTE’s
investigation included: detentions, searches of medical-legal records; body
searches; household searches and searches of vehicles; impoundment and
freezing of assets; deposing of the detainees and witnesses, and compiling of
documentation, including expert opinions, request for police records, and
summons and citations.26
23.
Cf. Police investigation report No. 225 DIVICOTE-II-DINCOTE, file No. 078-TP-93-L, p. 2.
24.
Cf. Article 231 of the Constitution approved on July 12,1979; Article 8 Decree-Law No. 25,418
(Statute of the National Emergency and Reconstruction Government), promulgated on April 7, 1992;
Decree-Law No. 24,150, promulgated on June 8, 1985; Decree-Law No. 740 (amending Article 5 of Law
No. 24, 150, to regulate relations between the Military Political Command in areas where states of
emergency have been declared, and various authorities within a command’s jurisdiction), promulgated on
November 8, 1991; Supreme Decree No.063-93-DE/CCFFAA of September 13, 1993, published in El
Peruano on September 18r, 1993; Supreme Decree No.085-DE/CCFFAA of November 12, 1993, published
in El Peruano on November 18, 1993; Supreme Decree No.004-94-DE/CCFFAA of January 13,1994,
published in El Peruano on January 15,1994; Supreme Decree No.020-DE/CCFFAA of March 17, 1994,
published in El Peruano on March 18, 1994; and Supreme Decree No.035-DE/CCFFAA of May 10,1994,
published in El Peruano on May 17, 1994.
25.
Cf. Article 12.f of Decree-Law No. 25,475, promulgated on May 5, 1992; Article 716 of the Code
of Military Justice, Decree-Law 23,214 of July 24,1980; statement made to DINCOTE by Mr. Jaime
Francisco Castillo Petruzzi on November 4, 1993, p. 121; statement made to DINCOTE by Mr. Lautaro
Enrique Mellado Saavedra on October 29, 1993, p. 141; statement made to DINCOTE by Mrs. María
Concepción Pincheira Sáez on October 22, 1993, p. 195; statement made to DINCOTE by Mr. Alejandro
Luis Astorga Valdez on October26 , 1993, p. 177; all of which are part of police investigation report No.
225, file No. 078TP 93 ZJ FAP.
26.
Cf. Police investigation report No. 225 DIVICOTE-II-DINCOTE, file No. 078-TP-93-L; record of
the body search done on Lautaro Enrique Mellado Saavedra on October 14, 1993, pp. 310-312; record of
the body search done on Jaime Francisco Castillo Petruzzi on October 15, 1993, p. 308; record of the