29
86.45 On November 22, 1993, Mrs. María Angélica Mellado Saavedra, sisterin-law of Mrs. Pincheira Sáez, named Mr. Juan F. Castañeda Abarca as her
defense counsel. That same day, the Judge of Inquiry recognized him as
defense counsel in the proceedings and set November 28 as the date for the
preliminary hearing in her case, which was to be conducted at the Las Palmas
On November 26, 1993, Mrs. María Angélica Mellado
Military Base.63
Saavedra, sister of Mr. Lautaro Enrique Mellado Saavedra, named David P.
Barrios Franco as his defense attorney. On November 30, the Judge of the
Special Military Court of Inquiry recognized Mr. Barrios Branco as defense
counsel in the proceedings.64
86.46 On November 27 and 28, 1993, Mr. Mellado Saavedra and Mrs.
Pincheira Sáez, respectively, made statements at the preliminary hearing
conducted at the Las Palmas Military Base in the presence of the Judge of the
Special Military Court, the clerk of the court, the Prosecutor for the Special
Military Court, all of whom were “faceless.” Also present for their respective
cases were Mr. Mellado’s attorney appointed by the Special Military Court, and
Mrs. Pincheira’s defense counsel, Mr. Juan F. Castañeda Abarca.
The
following facts have been established:
a)
During these proceedings, the defense attorneys were not permitted to
confer with their clients until after the latter had made their
statements; they were never permitted to cross-examine the
witnesses whose testimony appeared in the police investigation report;
and
b)
the document prepared as a consequence of the statements made by
Mrs. Pincheira Sáez and Mr. Mellado Saavedra does not bear the
signatures of the officers of the court who participated.65
86.47 On November 27, 28 and 29, 1993, Mrs. Pincheira Sáez and Mr.
Mellado Saavedra were notified of the order instituting the examining phase,
including the warrant for their detention; the Director of the Lima Bureau of
Prisons was asked to move them to a maximum security prison.66
86.48 On December 1, 1993, pursuant to Article 295 of the Statute of the
Judiciary, the defense attorneys requested access to the case file. On
63.
Cf. Defense brief, p. 577; order of the Judge of Inquiry, p. 577 v, and the notification of 24
November 1993, f. 580, all from file No. 078 TP 93 ZJ FAP.
64.
Cf. Brief of defense lawyer David Pablo Barrios, p. 667 f; decision of the Special Military Court of
Inquiry, p. 667 v; November 30, 1993 notice, p. 667 v; all from file No. 078 TP 93 ZJ FAP.
65.
Cf. Statement made by Mrs. María Concepción Pincheira Sáez at the November 28, 1993
preliminary hearing, pp. 660-662, and statement made by Mr. Lautaro Enrique Mellado Saavedra at the
November 27, 1993 preliminary hearing, pp. 594-596, both from file No. 078 TP 93 ZJ FAP; the
Commission’s final pleadings; Article 2.b of Decree-Law No. 25,744, which entered into force on
September 28, 1992, and articles 13.c, 14, 15 and 16 of Decree-Law No. 25,475, promulgated on May 5,
1992.
66.
Cf. Notification of the order instituting the examining phase, p. 662; record of notification of the
order instituting the examining phase in the case of Mr. Mellado Saavedra, p. 592; memorandum No- IIIJIME No. 037 from the Special Military Court of Inquiry to the Director of the Lima Bureau of Prisons, p.
873; all from file No. 078 TP 93 ZJ FAP.