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or 4:00 pm, a habeas corpus petition interposed by the lawyers of the inmates at the correctional
institution was filed with his office; that, at approximately 9:00 pm, a boat was made available to
him that took him to the island; that he interviewed the Warden of the prison who informed him
that the island was under Navy control; that he also interviewed the Vice Minister of the Interior
who informed him that the Government, through the Cabinet, had authorized the Armed Forces to
crush the riots; that immediately thereafter there was a power outage and explosions; that he
approached a railing located some 50 meters from the prison and yelled, urging delegates of the
inmates to come out but did not obtain any answer; that he was denied contact with the
Commander in charge of the military operation; that at dawn, as he was boarding a boat to leave,
he heard explosions; that on the third day he learned through the media of the deaths resulting
from the crushing of the riot; that he tried to visit the prison again but was stopped, having been
told that it was a Restricted Military Zone; that in other cases of uprisings the riots had been
crushed without having to use lethal means; that the inmates of the "El Frontón" Prison could not
have escaped; that the guarantees or, in the specific case of "El Frontón", habeas corpus remedy,
were ineffective in protecting the lives, the physical safety and the basic rights of the persons
mentioned in these measures; that when corpses are examined before they are taken away,
fingerprints, tooth prints and sometimes toe prints are taken; and that, when a prisoner enters
the prison, fingerprints and photographs are taken.
50.
Witness José Antonio Burneo-Labrín, an attorney and professor of human rights at San
Marcos University, stated that in 1986 he was Director of the Juridical Department of the Social
Action Episcopal Commission of the Catholic Church; that some two or three weeks after the
events at the prisons, Ms. Alegría, the mother of one of the victims, and the father of the two
Zenteno boys came to that office requesting assistance in obtaining information on the fate of
their children; that he filed a habeas corpus writ with the Twenty-First Instructional Court of Lima
on July 16, 1986; that the Chairman of the Joint Command of the Armed Forces and the
Commandant General of the Navy stated that the information had to be requested from the
correctional authorities or the Special Judge of the Navy who was examining the bodies; that the
President of the National Correctional Council delivered to the Judge a list of the prisoners who
were at "El Frontón" on the day of the events, which showed 152 inmates, Víctor Raúl NeiraAlegría and the Zenteno brothers being among them, and stated that 27 safe and unharmed
prisoners and seven wounded ones had been placed under his custody; that the judge decided not
to proceed with the habeas corpus motion; that an appeal was made against this decision which,
by two votes to one, was dismissed by the Correctional Court of Lima; that on August 25, 1986,
he lodged an appeal for annulment with the Supreme Court, and that the Criminal Section of that
Court decided that there was no nullity; that the CEAS lodged an appeal for annulment with the
Constitutional Guarantees Court and that four of its members voted in favor of the appeal but that
one vote was still necessary, since five favorable votes are required; and that, in this manner, the
national jurisdiction was exhausted and the family was advised to address the Inter-American
Commission.
51.
Witness César Delgado-Barreto, an attorney, stated that he had been elected Senator in
1985; that he was a member of the Senate Human Rights Justice Commission; that after the
events at the prisons, at the request of the President of the Republic, the Congress named a
bicameral and multiparty commission of 13 members, including the witness, which held meetings
for four months; that at the "El Frontón" riot the Republican Guard entered into action first, the
Marine Infantry following it; that three rockets were launched first, after which plastic explosives
were used; that, in his opinion, the means employed were disproportionate, since there was no
need to have used explosives; that the commission was assisted by a group of engineers who
prepared a report on the demolition; that he does not know of any investigation which would
have determined the whereabouts of Neira-Alegría and the Zentenos; that the majority and
minority reports of the commission coincide as to the facts and differ because of the commission's
political make-up concerning the liability of the ministers who approved the participation of the