9 48. In its reports on individual cases and on the general situation of human rights in Peru, the IACHR has underscored that in the context of the struggle against irregular armed groups, the police and 10 military forces engaged in extralegal practices that resulted in serious human rights abuses. Similarly, it has pointed out that security agents were responsible for committing arbitrary detentions, torture, rape, extrajudicial executions and forced disappearances, in many cases against individuals with no ties 11 whatsoever to the insurgent groups. 49. The Inter-American Court of Human Rights has established that in the most intense periods of the armed conflict, “Arbitrary executions were a systematic practice carried out in the backdrop 12 of the contra-subversive strategy of State agents.” The Court has pronounced on the formation of extermination groups within the Armed Forces and on a government policy in effect for several years that promoted the commission of selective extrajudicial executions, forced disappearances and torture of 13 14 15 those suspected of belonging to insurgent groups. Finally, the Inter-American Court and the TRC have discussed the excessive and lethal use of force in prisons housing people involved in terrorism or treason cases. C. Proven facts Seizure of the residence of the Ambassador of Japan by members of the Túpac Amaru Revolutionary Movement and negotiation process 50. On the night of December 17, 1996, an event was held in the residence of Morihisa Aoki, the Ambassador of Japan, to celebrate the birthday of Japanese Emperor Akihito. The approximately six hundred guests included Supreme Court justices, members of Congress, ministers of government, high16 level Armed Forces and National Police commanders, diplomats and politicians. 51. Meanwhile, fourteen members of the Túpac Amaru Revolutionary Movement (hereinafter “MRTA”) descended from an ambulance parked in front of a building adjacent to the Japanese residence. The MRTA members were: Néstor Fortunato Cerpa Cartolini, alias “Evaristo”, Roli Rojas Fernández, alias “Árabe”, Eduardo Nicolás Cruz Sánchez, alias “Tito,” Luz Dina Villoslada Rodríguez, alias “Gringa,” Alejandro Huamaní Contreras, Adolfo Trigoso Torres, Víctor Luber Luis Cáceres Taboada, Iván Meza Espíritu, Artemio Shigari Rosque, alias “Alex” or “Cone,” Herma Luz Meléndez Cueva, alias “Cynthia,” 10 IACHR, Second Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/II.106, Doc. 59 rev., June 2, 2000, Introduction, B. Frame of Reference, para. 9, available at: www.cidh.oas.org/countryrep/Peru2000sp/indice.htm. 11 IACHR, Report No. 101/01, Case 10.247 et al, Extrajudicial Executions and Forced Disappearances of Persons, Peru, October 11, 2001, paras. 163 to 179; Report No. 57/99, Case 10.827, Romer Morales Zegarra et al, and Case 10.984, Carlos Vega Pizango, Peru, April 13, 1999, paras. 28 to 44; Report No. 1/96, Case 10.559, Julio Apfata Tañire Otabire et al, Peru, March 1, 1996, Section I. Background, and Report No. 37/93, Case 10.563, Guadalupe Ccalloccunto Olano, Peru, October 7, 1993, Section I. Background. 12 Inter-Am. Ct. H.R., Case of La Cantuta. Judgment of November 29, 2006, Series C, No. 162, para. 80.1. 13 Inter-Am. Ct. H.R., Case of La Cantuta. Judgment of November 29, 2006, Series C, No. 162, paras. 83 and 84; Case of Gómez Palomino, Judgment of November 22, 2005. Series C, No. 136, para. 54.1 and Case of Huilca Tecse v. Peru, Judgment of March 3, 2005, Series C, No. 21, para. 60.9. 14 Inter-Am. Ct. H.R., Case of Neira Alegría et al v. Peru. Judgment of January 19, 1995. Series C, No. 20, para. 69 and Case of the Miguel Castro Castro Prison. Judgment of November 25, 2006. Series C No. 160, para. 197, numbers 18 to 40. 15 Final Report of the Truth and Reconciliation Commission, 2003, Volume VII, Chapter 2, Cases Investigated by the TRC, 2.67 Extrajudicial executions in El Frontón and Lurigancho Prisons (1986) and 2.68 Extrajudicial executions in the Canto Grande prison (1992), available at: www.cverdad.org.pe/ifinal/index.php. 16 Appendix 1, TRC, 2.66. EXTRAJUDICIAL EXECUTIONS IN THE RESIDENCE OF THE AMBASSADOR OF JAPAN (1997), TRC, http://www.cverdad.org.pe/ifinal/pdf/TOMO%20VII/Casos%20Ilustrativos-UIE/2.66.%20%20ENABJADA%20JAPON.pdf. See also, Appendix 3, Non-certified copy of the order to initiate proceedings of June 11, 2002, appendix to the State’s communication of August 5, 2008 and February 6, 2009, and appendix to the representatives’ communication of April 22, 2008. Appendix to the State’s communication of December 1, 2003, appendix submitted at the public hearing.