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According to these decisions, the Provincial Prosecutor and the Superior Prosecutor deemed that “The events in
which applicant A1J054967 participated constitute acts of collaboration provided for and punishable under Article
4 of Decree Law 25,475”. However, they do not indicate precisely which of the acts contemplated in that article
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Mr. Galindo was alleged to have committed. The Commission observes that to undertaken the legal defense of
“terrorist criminals” is not listed as an act of collaboration under the article in question.
Place of detention and its duration
123.
As for the length of time and place where the alleged victim was deprived of his liberty, here
again the Commission notes the contradictions between the State’s version and the petitioner’s version. Whereas
the petitioner states that Mr. Galindo was held at the Yanac military base for 31 days, the State contends that in
the instant case, there is no proof that Mr. Galindo was held at a military base. It argues that Mr. Galindo’s
meeting with the Attorney General was held at the military base for security reasons, given the toubles in the area.
It alleges that because Mr. Galindo, of his free will, turned himself in to the police authorities, specifically the
Office of the Chief of Counter-Terrorism (JECOTE) in the city of Huánuco, and not the military authorities, Mr.
Galindo would have allegedly remained in custody at the specialized police unit.
124.
The Commission observes that under Article 12(a) of Decree 25475, “In those places where the
Peruvian National Police does not have facilities, the Armed Forces shall apprehend and detain persons implicated
in these crimes and shall immediately turn them over to the nearest police department for the appropriate
investigations.” The Commission notes that the State admits that the city of Huánuco had a specialized police
department.
125.
In this connection the Commission observes that the State has not reported whether any reply
was ever given to the October 17, 1994 request from the PNP Major who was Chief of DECOTE-Hco. that he be
given custody of Mr. Galindo Cárdenas, who was then in the custody of the colonel who was commander of the
Yánac Counter-Subversive Base. It also observes that on November 2, 1994, DECOTE informed the Prosecutor’s
Office that Mr. Galindo was in “special quarters for security reasons,” although it did not specify precisely where
he was being held.
With Memorandum No. 1186-DECOTE PNP Hco, dated October 17, 1994, the PNP Major who was Chief of
DECOTE Hco. asks the Peruvian Army Colonel in command of Counter-Subversive Base No. 314 Yánac to
give him custody of Abner Chávez Leandro and Luís Galindo Cárdenas, on the grounds that both individuals
had asked to apply for the benefits of the Repentance Law.
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Article 4.- Collaboration with terrorism. Anyone who voluntarily obtains, seeks, gathers, or facilitates any type of good or means
or performs any acts of collaboration of any kind that aids and abets the commission of the crimes covered under this decree law or the
accomplishment of a terrorist group’s ends shall face imprisonment for no less than twenty years.
The following are acts of collaboration:
(a)
providing documents and information concerning persons and assets, installations, public and private buildings and anything
else that specifically aids or facilitates the activities of terrorist elements or groups.
(b)
turning over or using any type of housing or other means capable of hiding or being used to store weapons, explosives,
propaganda, food supplies, medications or other property belonging to terrorist groups or their victims.
(c)
Knowingly transporting members of terrorist groups or persons associated with their criminal activities, and providing any type
of assistance to help them escape.
(d)
Organizing indoctrination or training courses or centers for indoctrination and training of terrorist groups that operate under
any cover;
(e)
The manufacture, acquisition, possession, theft, storage and provision of arms, ammunition, explosives, asphyxiating, toxic or
flammable substances or any other item or substance that can cause death or injury. The possession or concealment of arms,
ammunition, or explosives belonging to the Peruvian Armed Forces or National Police shall constitute an aggravating
circumstance.
(f)
Any form of economic activity, assistance or mediation done of one’s own free will, for the purpose of financing the activities
of terrorist elements or groups.