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statement and denied his complaint owing to pressure exerted by Government
authorities and concluded that he was fully competent mentally.
60(42) On December 7, 1998, the Lima Provincial Criminal Prosecutor filed the
investigation initiated by the complaint of May 13, 1997, against members of the
Army for what happened to Pedro Huilca Tecse (supra para. 60(35)). The Public
Prosecutor’s Office considered that there were insufficient probative elements, apart
from the statements of Mesmer Carles Talledo and Clemente Alayo Calderón and,
according to the investigations conducted by Congress (supra para. 60(40), it was
alleged that the former suffered from mental problems.
60(43) On November 20, 2000, in a letter addressed to Peruvian society, Clemente
Alayo Calderón confirmed his previous statement (supra para. 60(35)) concerning
the involvement of senior State authorities in the murder of Pedro Huilca Tecse.
60(44) Clemente Alayo Calderón confirmed his version of the facts in July 2001
before the judge who was hearing the Barrios Altos case, and on July 10, 2003,
before the congressional investigative sub-committee that was hearing constitutional
complaint No. 3 against Alberto Fujimori.
c.
Second complaint filed by Martha Flores Gutiérrez against members of the
Colina Group before the Public Prosecutor’s Office
60(45) On December 20, 2000, the Asociación pro Derechos Humanos (hereinafter
“APRODEH”), Martha Flores Gutiérrez and the Secretary General of FTCCP, requested
the Public Prosecutor to re-open the investigation into the murder of Pedro Huilca
Tecse, allegedly committed by members of the Colina Group. This complaint was
forwarded to the prosecutor for human rights matters in file No. 007-2000.
60(46) On December 30, 2002, the Special Human Rights Prosecutor’s Office decided
to open an investigation and forwarded the case file to the Anti-Corruption Police
Division, so that the corresponding investigative procedures could be conducted.
60(47) The Police issued a report returning the records to the prosecutor’s office and,
on August 26, 2004, the investigation was in the office of the Provincial Criminal
Prosecutor, pending his ruling.
d.
Investigations by the Peruvian Truth and Reconciliation Commission
60(48) On August 28, 2003, the Peruvian Truth and Reconciliation Commission
(hereinafter “the Truth Commission”) published its final report in which, having
examined the evidence it had received, it concluded, among other matters, that “it
ha[d] not been able to determine with certainty who murdered the trade union
leader, Pedro Huilca Tecse.”
60(49) The Truth Commission also recommended that, to avoid a double
investigation, the investigations underway into the murder of Pedro Huilca Tecse,
one in the Fourth Criminal Court for Terrorist Crimes and the other before the
Attorney General’s Office in investigation No. 07-2000 (supra para. 60(45)) should
be joindered.
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