27
86.31 On November 28 and 29, 1993, Mr. Castillo Petruzzi was notified of the
court order instituting the examining phase, including the arrest warrant. At
the same time, the Director of the Lima Bureau of Prisons was asked to move
the prisoner in his custody to a maximum-security prison.49
86.32 On November 29, 1993, Mr. Castillo Petruzzi’s defense counsel filed a
motion to dismiss for lack of military jurisdiction, and to have the case
referred to the regular courts.50
86.33 On December 23, 1993, and February 10, 1994, defense counsel
requested permission to confer with his client for fifteen minutes, which finally
happened after the ruling of the court of first instance had been delivered.51
86.34 On January 2, 1994, the criminal indictment was presented, which
asserted that Mr. Castillo Petruzzi was “a person of rank in subversive
planning and execution” and had been charged with the crime of treason
based on materials found in his possession.52
86.35 On January 6, 1994, the same day he first had access to the case file,
the defense attorney presented his defense brief.53
86.36 On January 7, 1994, the Judge of the FAP Special Military Court of
Inquiry rejected “[defendant] Jaime Castillo Petruzzi’s motion to dismiss for
lack of jurisdiction” and convicted him of the “crime of treason, [sentencing
him] to life imprisonment, with complete disqualification for life, continuous
confinement to his cell for the first year of incarceration, and then forced
labor.”54
86.37 On January 7, 1994, the defendant and his defense attorney were
notified of the verdict and sentence, which they immediately appealed. The
appeal was admitted and referred to the superior court.55
49.
Cf. Notice to Mr. Castillo Petruzzi notifying him of the order opening the examining phase, p. 654,
and memorandum No- III-JIME No. 037 from the Special Military Court of Inquiry to the Director of the
Lima Bureau of Prisons, p. 873, both from file No. 078 TP 93 ZJ FAP.
50.
Cf. Brief of defense attorney Grimaldo Achaui Loaiza, dated November 29, 1993, file No. 078 TP
93 ZJ FAP, pp. 671-672 f.
51.
Cf. Briefs by defense attorney Grimaldo Achaui Loaiza, dated December 23, 1993 and February
10, 1994, pp. 751 and 835-836; order of the Special Military Court of Inquiry, dated December 29, 1993,
pp. 751 v; all from file No. 078 TP 93 ZJ FAP; testimony of defense attorney Grimaldo Achaui.
52.
Cf. Prosecutorial indictment, p. 767, and the order of the Special Military Court of Inquiry, dated
January 4, 1994, p. 773, both from file No. 078 TP 93 ZJ FAP.
53.
Cf. Brief of defense attorney Grimaldo Achaui Loaiza, dated January 6, 1994, file No. 078 TP 93
ZJ FAP, pp. 777-779; the Commission’s final pleadings.
54.
Cf. Judgment of the Special Military Court of Inquiry, dated January 7, 1994, file No. 078 TP 93
ZJ FAP, pp. 800-812.
55.
Cf. Notification sent to defense attorney Grimaldo Achaui Loaiza, p. 812 f, and the order of the
Special Military Court of Inquiry, dated January 7, 1994, p. 815, both from file No. 078 TP 93 ZJ FAP;
testimony of defense attorney Grimaldo Achaui Loaiza.