45
88(4)(6.ii)
“[h]aving leased the building located on Av. La Técnica No. 200-1101[,
…] the placed where army uniforms were seized and where the subversive offender,
Nancy Gilvonio Conde spent the night (in hiding)”;
88(4)(6.iii) “[h]aving taken part in the indoctrination of members of this subversive
group in the building located on Av. El Corregidor[,] where she also provided support by
acquiring and preparing food for the terrorists who lodged in this building”; and
88(4)(6.iv) “[h]aving collaborated in the acquisition of different means of communication
(beepers, telephones, computers and other goods that were seized […]).”108
88(47) The complaint filed by the Provincial Prosecutor ad hoc offered as proof “the
significance of the evidence in the case file forwarded by the Exclusive Military
Jurisdiction (declarations, seizure records and expert reports) and request[ed] that
measures should be taken” such as: arraignment of the alleged victim, criminal
record, testimonial statements, ratification of expert opinions, and any “others that
[might be] necessary to clarify the facts.”109
88(48) Also on August 28, 2000, the Judge of the Provincial Criminal Court, in
accordance with Article 13(a) of Decree Law No. 25,475, issued an order to open the
pre-trial proceedings with a warrant for the arrest of Lori Berenson, and established
that the “measures necessary to clarify the facts should be taken.”110
88(49) On September 8, 2000, the alleged victim’s lawyer was appointed.111 From
this time onwards, the alleged victim’s defense lawyer could litigate at all stages of
the ordinary proceeding and meet with his client.112
88(50) During the preliminary investigation in the ordinary jurisdiction, the
following procedures were executed: testimonial statements were taken from Lori
Berenson,113 Pacífico Abdiel Castrellón Santamaría,114 Lucinda Rojas Landa,115 Nancy
108
Cf. complaint No. 90-000 of the Provincial Prosecutor ad hoc for cases of terrorism of August 28,
2000 (file of probative evidence provided by the State, tome 5, folio 5518 and 5520).
109
Cf. complaint No. 90-000 of the Provincial Prosecutor ad hoc for cases of terrorism of August 28,
2000 (file of probative evidence provided by the State, tome 5, folio 5520).
110
Cf. order to open the pre-trial proceedings issued by the Judge of the Provincial Criminal Court on
August 28, 2000 (file of probative evidence provided by the State, tome 5, folio 5521 to 5524).
111
Cf. brief appointing a lawyer submitted by Rhoda Berenson to the twenty-eighth Criminal Court of
Lima on September 8, 2000 (file of probative evidence provided by the State, tome 5, folio 5635).
112
Cf. attestations of visits made to Lori Berenson in the Chorrillos prison during 2000 and 2001,
issued by the Peruvian National Police (file of probative evidence provided by the State, tome 12, folio
9136 to 9142).
113
Cf. pre-trial statement by Lori Berenson in the ordinary jurisdiction on August 31, 2000, in file
No. 154-2000 (file of probative evidence provided by the State, tome 5, folio 5528); continuation of the
pre-trial statement of Lori Berenson in the ordinary jurisdiction on September 6, 2000, in file No. 1542000 (file of probative evidence provided by the State, tome 5, folio 5601); continuation of pre-trial
statement of Lori Berenson in the ordinary jurisdiction on September 8, 2000, in file No. 154-2000 (file of
probative evidence provided by the State, tome 5, folios 5633 and 5634); continuation of the pre-trial
statement of Lori Berenson in the ordinary jurisdiction on September 13, 2000, in file No. 154-2000 (file
of probative evidence provided by the State, tome 5, folios 5649 and 5661); continuation of the pre-trial
statement of Lori Berenson in the ordinary jurisdiction on September 14, 2000, in file No. 154-2000 (file
of probative evidence provided by the State, tome 5, folios 5666 to 5678); and continuation of the pretrial statement of Lori Berenson in the ordinary jurisdiction on September 15, 2000, in file No. 154-2000
(file of probative evidence provided by the State, tome 5, folios 5679 to 5686).
114
Cf. testimonial statement by Pacífico Abdiel Castrellón Santamaría in the ordinary jurisdiction on
September 5, 2000, in file No. 154-2000 (file of probative evidence provided by the State, tome 5, folios
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