20 e. The congressional investigation and the investigation initiated de oficio by the Public Prosecutor against Alberto Fujimori 60(50) In its session of May 26, 2003, the Permanent Commission of Congress agreed to appoint a sub-commission to investigate and report on constitutional complaint No. 3, filed by Congresswoman Mercedes Cabanillas Bustamante against the former President of the Republic, Alberto Fujimori, for allegedly committing the crime of the aggravated homicide of Pedro Huilca Tecse. Faced with the “alternative of attributing the incriminating facts [to different persons or groups,] it chose to receive the statements, not only of the eyewitnesses, but also of those who directly or indirectly knew about the facts and the possible motives or causes” of the death of Pedro Huilca Tecse. 60(51) The congressional September 26, 2003. investigative sub-commission met from June 6 to 60(52) Among other matters, during this congressional investigation, those who had been prosecuted, tried and convicted for the murder of Pedro Huilca in the military jurisdiction (supra para. 60(28)) alleged that, during the investigation, they had been subjected to torture on the premises of the DINCOTE Police, where they were obliged to sign statements acknowledging responsibility for the crime. 60(53) In its final report on constitutional complaint No. 3 (supra para. 60(50)) of September 25, 2003, the congressional investigative sub-commission concluded: FIRST. That there [was] reasonable evidence to consider that the accused, ALBERTO FUJIMORI FUJIMORI, [was] the alleged mastermind of the crime of AGGRAVATED HOMICIDE, described in Article 108 of the Penal Code, and that the perpetrators of this crime were the so-called COLINA GROUP. It [was] therefore in order to impeach ALBERTO FUJIMORI FUJIMORI. SECOND. That the report w[ould] be forwarded to the Attorney General’s Office so that it c[ould] be joindered to the existing investigation […] against the so-called Colina Group. 60(54) In its eighteenth session on January 21, 2004, the Permanent Commission of Congress adopted “the final report of the investigative sub-commission into constitutional complaint No. 3, which concluded by recommending the impeachment of the former President of the Republic, Alberto Fujimori”; and “decided that the subcommission responsible for defending the report before the plenary session […] w[ould] formulate the impeachment relating to the said complaint.” 60(55) On April 14, 2004, the plenary session of Congress decided to adopt “the draft legislative resolution of Congress that declare[d] that it was in order to impeach the former President of the Republic, Alberto Fujimori, as the alleged mastermind of the crime of aggravated homicide, described in Article 180 of the Penal Code, against Pedro Huilca Tecse.” 60(56) On April 23, 2004, the Public Prosecutor’s Office formulated criminal charges against the former President of the Republic, Alberto Fujimori Fujimori. 60(57) On May 6, 2004, the examining magistrate of the Supreme Court of Justice issued the writ to open the pretrial proceedings for the crime of aggravated homicide

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