39
73(45) On June 9, 2004, the Fourth Criminal Court Specializing in Crimes of
Terrorism decided to extend the pre-trial investigation for the peremptory
period of 15 days, “because, according to an examination of the case file and
owing to the facts that occurred at the time described below […] the
defendant, María Teresa De la Cruz Flores, cc. ‘Elíana’, is accused of being an
‘activist’ within the subversive organization, Sendero Luminoso, caring for
patients, having performed operations from 1989 to 1992; and this has been
corroborated in statements made by Elisa Mabel Mantilla Moreno which
appear in the case file […]; consequently, IT CLARIFIES the orders to open
the pre-trial investigation of September 1, 1995, […], of September 16, 1995
[(supra para. 73(20) …] and of October 11, 1995 […], respectively; in order
to charge the defendant, María Teresa De la Cruz Flores […], with the
unlawful criminal acts perpetrated from 1989 to April 3, 1991, which are
established and penalized by article 188 ‘E’, paragraph (b), (c) and (e) of the
1924 Penal Code, promulgated by Law No. 24,651, modified by Law No.
24,953; the acts committed after April 3, 1991, are established and penalized
in article 321, paragraphs 2 and 6 of the 1991 Penal Code, promulgated in
Legislative Decree No. 635; the acts committed after May 5, 1992, are
established and penalized in article 4 of Decree Law No. 25,475, and the
corresponding arrest warrant subsists.”77
73(46) On July 1, 2004, at the request of the alleged victim’s defense
lawyer and for the first time during the proceeding, a confrontation procedure
was conducted between the alleged victim and Jacqueline Aroni Apcho, she
said that Mrs. De La Cruz Flores was not “Elíana”, that she did not know Mrs.
De La Cruz Flores, that she did not recall the physical characteristics of
“Elíana” and that she did not know the latter’s real name. Moreover, two
other testimonial statements made by individuals identified with the code
Nos. WN203002 and 1MMC004 said that “they did not know” María Teresa De
La Cruz Flores.78
73(47) On July 8, 2004, the Fourth Criminal Court for Terrorism declared
that the request of María Teresa De La Cruz Flores’ defense lawyer to modify
the detention order for one of conditional appearance was admissible. The
court considered that “new facts cast doubt on the adequacy of the evidence
that led to the coercive detention measures; on the other hand, the personal
condition of the defendant should be borne in mind; she has a known domicile
and profession, […] which suggests that there is no danger of her escaping or
obstructing probative activities.” The following restrictions were ordered to
the category of conditional appearance a) not to absent herself from her place
77
Cf. decision issued by the Fourth Criminal Court Specializing in Crimes of Terrorism on June 9,
2004 (file of appendixes to the final written arguments, appendix 3 to the final written arguments
presented by the State, folios 1245 to 1250).
78
Cf. record of the procedure of confrontation between the defendant, María Teresa De la Cruz
Flores de Blanco and the witness, Jacqueline Aroni Apcho on July 1, 2004 (file of appendixes to the final
written arguments, appendix 8 to the final written arguments presented by the State, folios 1260 to
1263); testimonial statement of the person identified with code No. WN203002 made on July 6, 2004 (file
of appendixes to the final written arguments, appendix 10 to the final written arguments presented by the
State, folios 1266 to 1273); testimonial statement of the person identified with code No. 1MMC004 made
on July 6, 2004 (file of appendixes to the final written arguments, appendix 11 to the final written
arguments presented by the State, folios 1274 to 1279); decision issued by the Third Criminal Court
specializing in crimes of terrorism on August 28, 2003 (file on merits, reparations, and costs, folios 963 to
966); decision issued by the Fourth Criminal Court for terrorism in file Nº 531-03 on July 8, 2004,(file on
merits and reparations folios 781 to 789).
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