35 73(26) Mrs. De La Cruz Flores and her lawyers had very limited access to her case file, which made it difficult to know the details of the facts she was accused of, and even the identity of those she was alleged to have treated.56 73(27) On November 21, 1996, the Special Criminal Chamber of the Lima Superior Court of Justice, constituted in a “faceless” tribunal, delivered judgment convicting Mrs. De La Cruz Flores and others, and sentenced her to 20 years’ imprisonment for terrorism, under Article 4 of Decree Law No. In this 25,475 (hereinafter “the judgment of November 21, 1996”).57 judgment, the Chamber considered that “[the case file] contained documentation from 1992 [...], which implicated the defendant, and in which she appears with the alias ‘Elíana’; one of these documents refers not only to meetings with the defendant, but there is also an analysis of her doctrinal and ideological evolution within the organization; there are descriptions of talks [...] she has given, as a physician; that she has taken part in an operation as the assistant surgeon, and of problems within the health sector, all of which has been corroborated [...] by the defendant, Elisa Mabel Mantilla Moreno, who, in the presence of the Prosecutor states that, on one occasion, she met with María Teresa De la Cruz on the orders of her ‘handler,’ to coordinate several matters; […] the same defendant […] accuses her of being one of the supportive elements responsible for providing treatment and performing operations; [...] accuses her of participating in an operation on ‘Mario’ whose hand had been burned, which corroborates the foregoing; namely, that she took part as assistant surgeon in a skin-grafting operation; and it is evident that the defendant has denied this during the proceeding so as to elude her criminal liability, which has been adequately proved.”58 73(28) The judgment of November 21, 1996, admitted [sic] de oficio the special appeal for annulment, “because it was a matter contrary to the interests of the State,” and ordered that the case file should be remitted to the Supreme Criminal Prosecutor.59 73(29) On June 8, 1998, the Corporative Criminal Chamber for Terrorism Cases of the Supreme Court of Justice confirmed the judgment of November 21, 1996 (supra paras. 73(27 and 73(28)).60 Proceedings against Mrs. De La Cruz Flores as a result of the first detention 73(30) During the initial stages of the proceedings opened as a result of the second detention of María Teresa De La Cruz Flores, she was informed that she was also implicated in another proceeding that was being processed 56 Cf. sworn written statement made by María Teresa De la Cruz Flores on May 28, 2004, before notary public (file of appendixes to the brief answering the application and affidavits, folios 808 to 818). 57 Cf. judgment delivered by the Special Criminal Chamber of the Lima Superior Court of Justice on November 21, 1996 (file of appendixes to the application, appendix 24, folios 207 to 254). 58 Cf. judgment delivered by the Special Criminal Chamber of the Lima Superior Court of Justice on November 21, 1996 (file of appendixes to the application, appendix 24, folios 207 to 254). 59 Cf. judgment delivered by the Special Criminal Chamber of the Lima Superior Court of Justice on November 21, 1996 (file of appendixes to the application, appendix 24, folios 207 to 254). 60 Cf. judgment delivered by the Corporative Criminal Chamber for Terrorism Cases of the Supreme Court of Justice on June 8, 1998 (file of appendixes to the application, appendix 25, folios 256 to 272).

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