thorax and left arm.”179 Fingerprint experts were ordered to identify the bodies, and orders
were given to register the death certificates.180
172. The bodies of the MRTA members were buried on April 24, 1997 by officers of the
National Police of Peru in various cemeteries around the city of Lima, 181 without notifying their
families.182 All but three were buried as John Doe; Eduardo Nicolás Cruz Sánchez was among
those identified.183 Death certificates were registered.184
173. The Commander General of the First Division of the Special Forces prepared a report
on April 30, 1997 on the execution of Plan of Operation “Chavín de Huántar”. 185
G. Investigation of the facts and beginning of criminal proceedings in the
ordinary courts
174. The Peruvian press, more specifically, the El Comercio newspaper, ran a story on
December 18, 2000, containing statements by former hostage Hidetaka Ogura that he had
seen three members of the MRTA captured alive, but the government had later claimed that
all the guerrillas had died in combat. 186 As a result of these statements, criminal complaints of
extrajudicial execution of some of the MRTA members were lodged in December, 2000 and
January, 2001.187
Partial selective autopsies of the 10 MRTA guerrillas, April 23, 1997 (evidence file, volume II, annex 16 to
the case submission brief, folios 750 to 760)
179
Cf. Record of identification and removal of the bodies of MRTA members found in the residence of the
Japanese ambassador, April 23, 1997 (evidence file, volume I, annex 6 to the case submission brief, folios 123 to
124), and fingerprint reports 168-ND-DIVIPO, 169-ND-DIVIPO and 170-ND-DIVIPO of April 24, 1997 (evidence file,
volumes XXVI and XXVII, CVR evidence, folios 18935 to 18948). See also, Record of release of body, death certificate
and autopsy report for Eduardo Nicolás Cruz Sánchez (evidence file, volume II, annex 17 to the case submission
brief, folios 770 to 773).
180
181
Cf. Police report 04-DIRPOCC-DIVAMP-PNP by the National Police of Peru, May, 2, 2002 (evidence file,
volume XXVI, CVR evidence, folios 18093 to 18095); initial statement by William Augusto Philips Sánchez to the
Specialized Provincial Prosecutor, March 6, 2001 (evidence file, volume XXVI, CVR evidence, folios 18793 to 18798),
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 13577 to 13578).
The other two identified bodies, Roli Rojas Fernández and Néstor Fortunato Cerpa Cartolini, were released
to family members. Cf. Police Report 04-DIRPOCC-DIVAMP-PNP prepared by the National Police of Peru, May 2, 2002
(evidence file, volume XXVI, CVR evidence, folio 18094).
182
These three persons were Roli Rojas Fernández, Néstor Fortunato Cerpa Cartolini and Eduardo Nicolás Cruz
Sánchez. See Police Report 04-DIRPOCC-DIVAMP-PNP prepared by the National Police of Peru, May 2, 2002 (evidence
file, volume XXVI, CVR evidence, folios 18093 to 18095); fingerprint reports 168-ND-DIVIPO, 169-ND-DIVIPO and
170-ND-DIVIPO of April 24, 1997 (evidence file, volumes XXVI and XXVII, CVR evidence CVR, folios 18935 to 18948),
and record of the 2001 verification of burial sites of MRTA members (evidence file, volume II, annex 18 to the case
submission brief, folios 777 to 788).
183
Cf. Record of identification and removal of the bodies of MRTA guerrillas found in the residence of the
Japanese ambassador, April 23, 1997 (evidence file, volume I, annex 6 to the case submission brief, folios 123 a
124); initial statement by William Augusto Philips Sánchez to the Specialized Provincial Prosecutor, March 6, 2001
(evidence file, volume XXVI, CVR evidence, folios 18793 to 18798) and record of release of body, death certificate
and autopsy report for Eduardo Nicolás Cruz Sánchez (evidence file, volume II, annex 17 to the case submission
brief, folios 770 to 773).
184
Cf. Report 01/1st Div FFEE Operation “Chavín de Huántar” (hostage rescue operation) April 1997, pp. 1 to
26 (evidence file, volume I, annex 1 to the case submission brief, folios 41 to 67).
185
Cf. A press report, ���MRTA members captured live,” ran in the El Comercio newspaper on December 18,
2000, reporting statements by Hidetaka Ogura (evidence file, volume VIII, annex 9 to the pleadings, motions and
evidence brief, folio 5279).
186
Cf. Complaint lodged by inmates at the Yamayo Prison, December 28, 2000 (evidence file, volume XXXI,
annex 1 to the State’s brief of closing arguments, folio 21059), complaint lodged by María Genara Fernández Rosales,
187