23 this day: the first three since October 14, 1993, and Mr. Castillo Petruzzi since October 15, 1993. During the first year of their incarceration, they were confined in very small, unventilated cells with no natural light, and allowed only a half-hour outside their cell each day. They are currently incarcerated in the Yanamayo Prison,31 with very restricted visitation privileges. 86.13 As for the judicial proceedings conducted against the persons named in the Commission’s application, the Court deems the following facts proven: 1) With respect to Mr. Alejandro Astorga Valdez: 86.14 On November 17, 1993, Mr. Astorga Valdez appointed Mrs. Gloria Cano Legua as his attorney.32 86.15 On November 20, 1993, the Judge of the Special Military Court opened the inquiry against Mr. Alejandro Astorga Valdez, issued the detention order and ordered that the court of inquiry be convened for the suspect’s preliminary hearing.33 86.16 On November 28, 1993, the alleged victim made his statement at the preliminary hearing held at the Las Palmas Military Base, in the presence of the Judge of the Special Military Court, the clerk of the court and the military prosecutor, all of whom were “faceless.” Defense counsel was also present. The following facts stand out:34 a) the defense attorney was unable to confer with her client in private prior to this hearing and prior to the reading of the finding of the court of first instance; b) Astorga Valdez was kept in restraints, with a hood over his head, for the duration of the preliminary hearing; c) during the hearing, neither the defendant nor his defense counsel was shown the prosecution’s evidence; defense counsel was not permitted, either at the preliminary hearing or thereafter, to cross-examine the 31. Cf. Notification of the detention of Alejandro Luis Astorga Valdez, dated October 14, 1993, p. 112; notification of the detention of Jaime Francisco Castillo Petruzzi, dated October 15, 1993, p. 110; notification of the detention of María Concepción Pincheira Sáez, dated October 14, 1993, p. 115; notification of the detention of Lautaro Enrique Mellado Saavedra, dated October 14, 1993, p. 111; Judgment of May 3, 1994 of the Special Tribunal of the Supreme Court of Military Justice, pp. 970 et seq. (all these notifications were in file No. 078-TP-93-L); testimony of attorney Gloria Cano; testimony of Mr. Héctor Salazar Ardiles; the Commission’s final pleading; account of visits to Yanamayo Prison; Article 3.b of Decree-Law No. 25,744, promulgated on September 28, 1992; Article 20 of Decree-Law No. 25,475, promulgated on May 5, 1992; Judgment of the Special Military Court of Inquiry, dated January 7, 1994, file No. 078 TP 93 ZJ FAP. Judgment of the FAP Special Military Tribunal, dated March 14, 1994, file 078 TP 93 ZJ FAP. 32. Cf. Defense brief, file No. 078 TP 93 ZJ FAP, p. 575. 33. Cf. Judgment of the Special Military Court of Inquiry, file No. 078 TP 93 ZJ FAP, pp. 568-570. 34. Cf. Official notice of legal proceedings, dated November 24, 1993, p. 581 and the statement made by Mr. Alejandro Luis Astorga Valdez at the preliminary hearing on November 28, 1993, pp. 556558, both from file No. 078 TP 93 ZJ FAP; testimony of defense counsel Gloria Cano Legua; final pleadings of the Commission; Article 2.b of Decree-Law No. 25,744, promulgated on September 28, 1992, and articles 13.c, 14, 15, 16 of Decree-Law No. 25,475, promulgated on May 5, 1992.