8
40.
The State notes that according to a report of March 25, 1996, the petitioner gave a statement at
the offices of the DECOTE on October 15, 1994, when he applied for the benefits of Decree Law No. 25499, and it
states that he was granted the benefits of that law in National Police reports of October 31, 1994, and January 25,
1995, in the resolution of November 4, 1994, Ruling of the Provincial Criminal Prosecutor of Huánuco, which
awarded him exemption from punishment, and in the Senior Prosecutor’s resolution of November 9, 1994,
whereby the proceedings were sent to the archive, which indicates that the proceedings were in order.
41.
The State also refers to document No. 1453-95-IN-010600000000 of July 10, 1995, addressed to
the President of the Supreme Court of Peru, according to which the investigation of the petitioner’s complaint
showed that the National Police officer serving as the head of JECOTE-Huánuco was not liable since he had acted in
accordance with the relevant laws and since all the police investigations had been carried out in the presence of
the representative of the Public Prosecutor’s Office. Consequently, the State argues that there was no functional
responsibility on the part of the police officers who participated in the acts under investigation.
42.
The State contends that in the case at hand, there is no evidence that Mr. Galindo was held at a
military base, and so it is based on a false premise. It holds that Mr. Galindo met with the Attorney General at a
military base because he was in an area of extreme conflict; consequently, and because of the position held by the
Attorney General, a secure location was required for their meeting. Peru states during the all incidents that
allegedly constituted violations, Mr. Galindo was accompanied by the Huánuco prosecutor and by specialized
antiterrorism officials. It says that Mr. Galindo was arrested and processed as part of a preliminary investigation,
which was attended by the local prosecutor in order to verify the legality of the proceedings.
43.
It states that according to the police reports, Mr. Galindo reported to the police authorities –
specifically, to the Counterterrorism Command (JECOTE) in the city of Huánuco – and not to military authorities,
from which it can be deduced that the petitioner remained at the specialized police unit. It notes that Mr. Galindo
was visited by his family, by the nation’s Attorney General, and by representatives of the International Red Cross.
44.
The State claims that Mr. Galindo pursued no domestic remedies, even though he is an attorney
and was able to file for habeas corpus. Peru also contends that there is no documentary evidence that Mr. Galindo
suffered psychological, moral, or physical mistreatment. It holds that Mr. Galindo is not a person unfamiliar with
the law, since he is an attorney and has served as a judge, and so it is incomprehensible for him to deny he sought
the application of the Repentance Law if he signed the two documents referred to. It states that if the petitioner
were unaware of the law then there could be reason to suspect intimidation took place, but that was not the case.
45.
The State notes that Mr. Galindo acknowledged that he defended members of Shining Path,
whom he identified, and that the difference between the documents of October 15 and 29, 1994, is that Mr.
Galindo signed them differently. Thus, on the document of October 15 there is one signature, while the October 29
document has a signature that the government has compared to the one on his ID card, to conclude that Mr.
Galindo signed both documents. The State notes that report No. 24-DECOTE-PNC-HCO indicates that on October
15, 1994, the applicant identified by means of code A1JO54967 voluntarily reported to the offices of the PNP–
Huánuco Department against Terrorism and expressed his desire to seek the application of the benefits of the
Repentance Law. It states that the applicant declared that:
(…) in late 1992, the Communist Party of Peru–Shining Path – comprised (…) (c) “Mirko,” (c) “Guillermo,” (c)
“Yersi,” and (c) “Lida” (…). According to the statement made by applicant A1JO54967 after reviewing the
photograph album of this DECOTE-PNP-Huánuco, it has been determined that PCP–Shining Path, in the
Huánuco area, was composed of (…):
(c) “Mirko,” identified as Juan SANTAMARÍA RAMOS – INCARCERATED.
(c) “Beto,” Identified as Eduardo Elí NACIÓN RAMOS – INCARCERATED.
(c) “Yersi,” Identified as Noemí HUACCHA SÁNCHEZ – INCARCERATED.
(c) “Guillermo,” Identified as Roberto PILCO PACO – INCARCERATED.
– Fernando SALINAS SOLORZANO – INCARCERATED.