32 88(1) From 1980 to 1994 Peru experienced serious social upheaval as a result of terrorist acts.25 88(2) In 1992, Decree Laws Nos. 25,47526 and 25,65927 were issued, which defined the crimes of terrorism and treason, respectively. 88(3) When the facts of the instant case occurred, the body responsible for preventing, denouncing and combating terrorist activities and treason was DINCOTE, attached to the National Police.28 88(4) Both the investigation and the prosecution of cases of treason fell exclusively within the military jurisdiction,29 which applied a summary proceeding known as the “theater of operations,” before “faceless” judges.30 Actions seeking judicial guarantees were not permitted.31 88(5) On June 24, 1997, Supreme Decree No. 005-97-JUS was issued, which adopted the “Regulation of the Daily Regime and the Progressivism of Treatment for Prisoners Processed and/or Sentenced for the Crime of Terrorism and/or Treason.”32 88(6) On January 18, 2001, Supreme Decree No. 003-2001-JUS was issued.33 This decree indicated that prisoners’ rights included: receiving face-to-face visits by their next of kin and friends at the times established therein, for up to 8 hours a day;34 25 Cf. Case of the Gómez Paquiyauri Brothers, supra note 16, para. 67(a); Case of Cantoral Benavides. Judgment of August 18, 2000. Series C No. 69, para. 63(t); Case of Castillo Petruzzi et al.. Judgment of May 30, 1999. Series C No. 52, para. 86(1); Case of Castillo Páez. Judgment of November 3, 1997. Series C No. 34, para. 42; Case of Loayza Tamayo. Judgment of September 17, 1997. Series C No. 33, para. 46(l); Inter-American Commission on Human Rights, Report No. 101/01, Cases Nos. 10,247 and others, paras. 160 to 171; and Inter-American Commission on Human Rights, Report on the Situation of Human Rights in Peru, 1993, Document OEA/Ser.L/V/II.83. Doc.31, March 12, 1993, para. 16. 26 Decree Law No. 25,475 of May 5, 1992. 27 Decree Law No. 25,659 of August 7, 1992. 28 Cf. Articles 1 and 2(a) of Decree Law No. 25,744 of September 21, 1992 (file of probative evidence provided by the State, tome 12, folios 9348 to 9353); Article 12 paragraphs (a), (c) and (d) of Decree Law No. 25,475 of May 5, 1992 (file of probative evidences provided by the State, tome 12, folios 9355 to 9367); and Case of Castillo Petruzzi et al., supra note 25, para. 86(2). 29 Cf. Article 4 of Decree Law No. 25,659 of August 7, 1992; and testimonial statement made by Walter Albán Peralta before notary public on May 8, 2004 (file on merits, tome IV, folios 1000 to 10014). 30 Cf. Case of Castillo Petruzzi et al., supra note 25, para. 86(10); Articles 1 and 3 of Decree Law No. 25,708 de September 2, 1992, entitled “norms concerning procedures in trials for crimes of treason”; Articles 710 to 724 of the Code of Military Justice (file of helpful evidence provided by the State, appendix 4, folios 10238 to 10344); Article 13 of Decree Law No. 25,475 of May 5, 1992 (file of probative evidence provided by the State, tome 12, folios 9355 to 9367); and testimonial statement made by Walter Albán Peralta before notary public on May 8, 2004 (file on merits, tome IV, folios 1000 to 10014). 31 Cf. Case of Castillo Petruzzi et al., supra note 25, para. 86(10); and Case of Cantoral Benavides, supra para. 25, para. 63(h). 32 Cf. Supreme Decree No. 005-97-JUS of June 24, 1997 (file of probative evidence provided by the State, tome 12, folio 9371); Ministerial Decision No. 182-97-JUS of August 21, 1997 (file of probative evidence provided by the State, tome 12, folio 9370); and testimonial statement made by Walter Albán Peralta before notary public on May 8, 2004 (file on merits, tome IV, folios 1000 to 10014). 33 Cf. Supreme Decree No. 003-2001-JUS of January 18, 2001 (file of probative evidence provided by the State, tome 12, folios 9372 and 9373). 34 Cf. Article 1 of Supreme Decree No. 003-2001-JUS of January 18, 2001 (file of probative evidence provided by the State, tome 12, folio 9372 and 9373).

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