inside the building during the hostage-taking, alerting them when the time was right to enter
the residence. According to their communication, a lone MRTA guerrilla was on the second
floor of the building guarding the hostages while the rest of the group were playing foosball on
the ground floor, and only one guerrilla was guarding the main door. 152
162. Several underground explosions initiated the operation, after which around 80
commandos divided into the different strike forces (supra paras. 155 and 156) entered the
ambassador’s residence through the access ways opened in doors and walls.153 The detonation
was the signal for the eight squads of the Alpha and Delta strike forces to enter the residence
and take control of their assigned areas.
163. The technique used by the commandos was to take control of the buildings and rescue
hostages by entering two-by-two into each closed room and searching each successive area
until they had taken full control of them all, using “selective instinctive shooting” (SIS). 154
164. The rescue operation successfully freed the hostages.155 One hostage, then judge Carlos
Ernesto Giusti Acuña, lost his life.156 Other fatalities included the commandos Army Lieutenant
Cf. Ruling by the Third Special Criminal Chamber of the Superior Court of Lima, October 15, 2012 (evidence
file, volume XX, annexed to the representatives’ observations on the State’s preliminary objections, folio 13505).
152
Cf. Annex 02, Report of Operations of the “Tenaz Patrol”, April 30, 1997, p. 6 (merits file, volume II, annex
7 offered by the State for planning the exercise of “reconstruction of the facts”, folio 1022); statement by José Daniel
Williams Zapata before a public attestor, January 29, 2014 (evidence file, volume XXX, affidavits, folios 20719 to
20731), and ruling by the Third Special Criminal Chamber of the Superior Court of Lima, October 15, 2012 (evidence
file, volume XX, annexed to the representatives’ observations on the State’s preliminary objections, folio 13506).
153
Cf. Ruling by the Third Special Criminal Chamber of the Superior Court of Lima, October 15, 2012 (evidence
file, volume XX, annexed to the representatives’ observations on the State’s preliminary objections, folio 13509).
With respect to SIS, the ruling by the Transitory Criminal Law Chamber of the Supreme Court of Justice on an appeal
to vacate judgment, 3521-2012 July 24, 2013 (evidence file, volume XXI, helpful evidence, folio 14692), offers a
description of this technique as provided in the Peruvian Army Manual for Selective Instinctive Shooting:
154
[…] The Army of Peru, prior to the events of the case, had approved the Manual for Selective
Instinctive Shooting, under resolution […] of May eighteenth, nineteen ninety-four. According to the
manual, commandos must be fully instructed and trained, as indeed was done for a four-month
period, first as dry runs (the gun is unloaded but the exercise is done realistically to perfect every
movement), followed by training with live ammunition and loaded weapons: light arms, machine
pistol, assault rifle). SIS is the ideal method for rapid fire and has proven highly effective in both
open fields and closed areas. Sights on the firearm are used as the point of reference, and two
cartridges can be shot in an average of two seconds, eliminating enemies even if they are in a crowd
by using the selective method. Two rapid-fire shots can be directed at the target in a maximum of
two seconds; the shots are aimed at the head at short distances (six, eight and ten meters) and at
the body at longer distances. To check the aiming sights on the weapon, it is important to shoot at
a reference guide (chest with three cartridges), then proceed to align the weapons’ sights if the
bullets did not strike the target correctly.
The so-called “safety shot” is used only in a combat operation, during a face off. When terrorists or
criminals are hit, the commando must make certain that they are no longer a threat or danger, and
then continue with the operation. […]
Cf. Report 01/1st Div FFEE Operation “Chavín de Huántar” (hostage rescue operation) April 30, 1997, p. 11
(evidence file, volume I, annex 2.a to the case submission brief, folio 52), and Annex 02, Report on Operation “Tenaz
Patrol”, April 30, 1997, p. 15 (merits file, volume II, annex 7 offered by the State for planning the exercise of
“reconstruction of the facts”, folio 1022).
155
Cf. Autopsy protocol 97-1969 of Carlos Ernesto Giusti Acuña, April 22, 1997 (evidence file, volume II, annex
14 to the case submission brief, folios 720 to 723); Report 01/1st Div FFEE Operation “Chavín de Huántar” (hostage
rescue operation) April 30, 1997, p. 11 (evidence file, volume I, annex 2.a to the case submission brief, folio 52),
and Annex 02, Report on Operation “Tenaz Patrol”, April 30, 1997, p. 15 (merits file, volume II, annex 7 offered by
the State for planning the exercise of “reconstruction of the facts”, folio 1022).
156