18
Sendero Luminoso,” had perpetrated preparatory acts to murder Pedro Huilca Tecse.
It also presented some “procedures carried out” in the military jurisdiction, and
asked for others to be carried out.
b.
First complaint filed by Martha Flores Gutiérrez against members of the Colina
Group before the Public Prosecutor’s Office
60(35) On May 13, 1997, possessing new probative elements in the case, Martha
Flores Gutiérrez, Pedro Huilca Tecse’s companion, filed a criminal complaint before
the Public Prosecutor’s Office against the following members of the National
Intelligence Service (hereinafter “SIN”): retired Army Major Santiago Martín Rivas,
Technical Officer Nelson Carbajal García, Technical Officer Wilmer Yarleque Ordinola
and Technical Officer Juan Sosa Saavedra, for the crime of the murder of Pedro
Huilca Tecse, based on: information from the former SIN intelligence agents, linked
to the Colina Group, Mesmer Carles Talledo and Clemente Alayo Calderón; the
declarations of retired General Rodolfo Robles Espinoza, and the inconsistencies
observed during the investigation and trial conducted by military justice, which
resulted in the judgment convicting alleged members of Sendero Luminoso for the
murder of Pedro Huilca Tecse.
60(36) On November 23, 1997 Mesmer Carles Talledo, on whose version of the
events, the complaint filed by the alleged victim’s companion was based (supra para.
60(35)), testified before Congressman Jorge Del Castillo Gálvez, in the Yanamayo
Prison, and stated that General Juan Rivero Lazo, former Director of Army
Intelligence, had taken part in the murder of Pedro Huilca Tecse. A congressional
sub-committee was therefore established to investigate this.
60(37) On November 28, 1997, Mesmer Carles Talledo was acquitted of the crime of
treason and recovered his liberty immediately.
60(38) On December 2, 1997, Martha Flores Gutiérrez requested the Public
Prosecutor’s Office to include General Juan Rivero Lazo in the investigation initiated
following the complaint of March 13, 1997 (supra para. 60(35)), owing to his alleged
connection to the facts relating to what happened to Pedro Huilca Tecse.
60(39) On January 5, 1998, Mesmer Carles Talledo testified before the Attorney
General’s Office that he had not accused the Colina Group of the murder of Pedro
Huilca Tecse, and even denied having received the visit of the Congressman Jorge
Del Castillo Gálvez (supra para. 60(36)), despite the existence of a video that proved
it. Two days later, Mesmer Carles Talledo appeared before the congressional
investigative sub-committee, where he repeated the latter version.
60(40) In June 1998, the congressional investigative sub-committee responsible for
investigating the different versions of events provided by Mesmer Carles Talledo
(supra para. 60(36)) issued a majority report in which it rejected his statements and
communications, stating that they were worthless, because he had denied them
subsequently and that he was “mentally incompetent.”
60(41) Congressman Jorge Del Castillo Gálvez, a member of this investigative
committee therefore produced a minority report in which he examined the different
statements made by Mesmer Carles Talledo. One of these statements was made in
conjunction with those of another former intelligence agent, Clemente Alayo
Calderón. The minority report maintained that Mesmer Carles Talledo changed his
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