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131.
On November 30, 1994, Mr. Galindo Cárdenas asked the Human Rights Commission of the
Constituent Congress to investigate the conduct of Peruvian Army Colonel Eduardo Negrón Montestruque, Head of
the Military-Political Command of the city of Huánuco, Peruvian National Police Major Agustín Quezada Sánchez,
Chief of JECOTE-Huánuco and the Huánuco Provincial Prosecutor, Dr. Ricardo Robles y Coz, for their “misconduct in
the performance of their functions” in the police investigation to which he had voluntarily agreed to undergo and
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for which he was detained for 31 days at the Army base located in Yánac-Huánuco. Mr. Galindo filed this
complaint a second time by way of a January 19, 1995 brief addressed to the Chair of the Human Rights and
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Pacification Commission of the Democratic Constituent Congress of Peru.
132.
On December 13, 1994, Mr. Galindo Cárdenas filed a request with the Huánuco Provincial
Prosecutor of First Instance, Ricardo M. Robles y Coz, asking for certified copes of the police-military investigation
to which he was subjected and in which the Provincial Prosecutor himself participated. The investigation had been
for the alleged crime of terrorism; Mr. Galindo Cárdenas had been detained on suspicion of the crime of terrorism,
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and was released without being told “what the authorities’ decision had been in his case.”
133.
In his request, Mr. Galindo also complained that: 1) he was never formally notified of the charge
against him or of the reasons for his detention, which was done after the President of the Republic told the media
about his case and his detention, even though he was still at liberty; 2) his detention was arbitrary both in terms of
procedure and substance; it exceeded the time period allowed under the law as he was held for 31 days but never
brought before a competent judge; 3) the fact that he was a serving magistrate on the Huánuco Superior Court
was not respected, as required under Article 191 of the Organic Law of the Judiciary; 4) he was held in
confinement on a military base where he initially suffered psychological torture and isolation; 5) information was
circulated to the effect that he had applied for the Repentance Law, which was false and tendentious; 6) the
deposition he gave “in the presence of members of DINCOTE-LIMA who were investigating [his] case at Yanac
military base” was replaced and “the findings misrepresented to portray [him] as having repented in a statement
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[he] never made; [he] never gave in to their demands or the demands of the police and military.”
134.
On January 16, 1995, a brief from Mr. Luis Antonio Galindo Cárdenas was received at the Office
of the Attorney General of the Nation. It was addressed to the Chair of the Board of Supreme Prosecutors of the
Public Prosecutor’s Office and complained of the irregularities denounced on December 13, 1994, against
Provincial Prosecutor Ricardo M. Robles y Coz; the complaints were also directed at the Chief Superior Prosecutor
of Huánuco, Dr. Carlos Shultz Vela. The brief also stated that Mr. Galindo had not yet been provided with the
copies he had requested of the pertinent decisions and had not received a reply to his formal request. He again
requested that he be given personal guarantees, on the grounds that:
Since being released and in response to the repeated statements I made on television and in the press to
clarify my legal situation so as to protect my honor and dignity, as I was compelled to do, I have learned that
the head of the Huánuco military-political command and officials at the Public Prosecutor’s Office who had
a hand in the investigation to which I was subjected have made public statements in the city of Huánuco to
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the effect that they would arrest me again on the same grounds. Their attitudes were menacing … .
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Annex 21. Mr. Luis Antonio Galindo Cárdenas’ brief to the members of the Human Rights Commission of the Democratic
Constituent Congress, dated November 30, 1994. Attachment to the petitioner’s brief of January 3, 1996.
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Annex 30. Brief addressed to the Chair of the Commission on Human Rights and Pacification of the Peruvian Democratic
Constituent Congress, dated January 19, 1995. Attachment to the petitioner’s brief of January 3, 1996.
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Annex 19. Brief addressed to the Office of the Huánuco First Provincial Criminal Prosecutor, Dr. Ricardo Robles y Coz, dated
December 7, 1994, received at the Secretariat of the Huánuco Public Prosecutor’s Office on December 13, 1994. Attachment to the petitioner’s
brief of January 3, 1996.
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Annex 19. Brief addressed to the Office of the Huánuco First Provincial Criminal Prosecutor, Dr. Ricardo Robles Coz, dated
December 7, 1994, received at the Secretariat of the Huánuco Public Prosecutor’s Office on December 13, 1994. Attachment to the petitioner’s
brief of January 3, 1996.
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Annex 20. Brief addressed to the President of the Board of Supreme Prosecutors of the Public Prosecutor’s Office, stamped
‘received’ by the Office of the Attorney General of the Nation on January 16, 1995. Attachment to the petitioner’s brief of January 3, 1996.