-46went to work only to find that the corporation was closed. She and her co-workers
were denied access to the premises. She did not receive any written notice when
she was dismissed. She was not informed of the institution of any proceedings to
wind up the corporation. ESMLL representatives told them that “there [was] no work
for [them].” She “supported [her] household” and she had five children.
They filed an appeal for legal protection and the Peruvian Tribunal Constitucional
(Constitutional Court) sustained it and ordered their reinstatement. So far such
reinstatement has not been carried out, nor has she received any compensation
after she was dismissed from the ESMLL. She derives her income from washing
clothes, since she has not found any formal employment.
b)
Proposed by the State
2.
César Lino Azabache-Caracciolo, former member of the
Procuraduría
Anticorrupción
(Office
of
the
Anti-Corruption
Prosecutor)
He worked for the Procuraduría Anticorrupción (Office of the Anti-Corruption
Prosecutor) from its creation in November 2000 until February 2002. He was in
charge of the cases involving drug trafficking and human rights violations, as weel
as cases involving the purchase of military equipment and well as preparing the
cases of corruption involving the “Montesinos network” linked to the Judiciary and to
the Office of the Attorney-General.
He made reference to the creation of the Procuraduría Anticorrupción (Office of the
Anti-Corruption Prosecutor) as an outcome of the political crisis occurred in
November 2000 in Peru, triggered by the discovery of videos evidencing corrupt
relations between Montesinos-Torres, then a public official and the most important
advisor of president Fujimori, and certain people in the political community, and by
the discovery of undeclared accounts belonging to Montesinos-Torres. The Minister
of Justice at the time had a legal team set up to handle the actions that had to be
instituted against Montesinos-Torres, as it was widely known that he formally
controlled the Judiciary and the Office of the Attorney-General. Since the public
prosecutors were under the authority of the Attorney-General, it was deemed
necessary to create a Special Prosecuting Office.
He pointed out that Montesinos-Torres exerted influence over the Judiciary. In 1995
a “judicial reform” was carried out, allowing for the creation of different
governmental bodies than those established by the organic laws. Interim judges
were appointed by some officials of the Supreme Court of Justice, “showing signs of
a network around Montesinos-Torres.” In 1997, Montesinos-Torres “orchestrated a
restructuring” of the Salas de Derecho Público (Public Law Chambers) in charge of
decisions on writs of habeas corpus and on appeals for legal protection
[enforcement of the constitutional guarantee for protection of civil rights] cases, and
he “imposed the appointment of a No. of persons later proved to have received
illegal payments from Montesinos-Torres on a permanent basis.” Two court of
original jurisdictions and one Sala de Derecho Público (Public Law Chamber) were
created.
One of the earliest pieces of evidence of the relationship between Montesinos and
members of the Judiciary was a fax sent to Montesinos from the drug enforcement