15
62.
On December 15, 1988, following the signature of an agreement with the
Government, Saúl Cantoral-Huamaní received death threats from a group of persons who
identified themselves as members of the Peruvian Communist Party-Sendero Luminoso, who
arrived suddenly, while he was with other miners in a camp they had set up on the campus
of the Universidad de San Marcos.30 According to the testimony of Ulises Cantoral Huamaní
before the Truth and Reconciliation Commission, “the members of Sendero Luminoso who
had rebuked Saúl Cantoral for lifting the strike […] ceased their threats when they heard the
final report that Saúl presented to the Federation.”31
63.
Several newspaper articles indicate that on January 28, 1989, during the thirteenth
National Assembly of Mining Delegates held in the Civic Center, Saúl Cantoral-Huamaní
declared publicly that the Rodrigo Franco Commando “was threatening him in both Lima and
Marcona.”32
64.
On February 6, 1989, two people intercepted Saúl Cantoral-Huamaní in the center of
Lima and threatened to kill him.33 According to a newspaper article, Saúl Cantoral-Huamaní
stated that these individuals had identified themselves as members of the “Rodrigo Franco
Commando.”34 Also, according to another newspaper article, “several weeks previously,” the
Rodrigo Franco Commando had threatened Saúl Cantoral-Huamaní and other mining
leaders.35
65.
In the case file before the Court, a document presented by the State alludes to death
threats against Saúl Cantoral-Huamaní, without referring to the dates of these threats. This
evidence mentions “notes and telephone calls to the offices of the Federation by the Rodrigo
Franco Paramilitary Commando.”36
activities (file of appendixes to the brief with requests and arguments, appendix 4, page 711, corresponding to a
CD); newspaper article entitled: “Crimen es político” publisher in the magazine “Cambio” during the third week of
February 1989 (file of appendixes to the application, appendix 1(1), page 157).
30
Cf. document entitled “The Rodrigo Franco Commando,” dated August 2003, signed by Javier Ciurlizza
Contreras, Executive Secretary of the CVR, and provided by the State as helpful evidence (file of preliminary
objection, merits, reparations and costs, page 788); and newspaper article entitled “Calle del secuestro” published
in the magazine “Sí” on February 20, 1989 (file of preliminary objection, merits, reparations and costs, appendix 3
to the final written arguments presented by the State, pages 920 and 921).
31
Cf. document entitled “The Rodrigo Franco Commando,” dated August 2003, signed by Javier Ciurlizza
Contreras, Executive Secretary of the CVR, and provided by the State as helpful evidence (file of preliminary
objection, merits, and possible reparations and costs, page 790).
32
Cf. newspaper article entitled “Testigo puede identificar a los asesinos” published in “Diario La República”
on February 15, 1989 (file of appendixes to the application, appendix 1(1), page 137B) and newspaper article
entitled “Diabólico crimen. Casi imposible de achacar a Sendero” published in the magazine “Oiga” on February 20,
1989 (file of appendixes to the application, Volume II, appendix 1(1), page 179).
33
Cf. Final Report of the Truth and Reconciliation Commission, supra para. 48, Volume VII, Section 2.19,
“The murders committed by the paramilitary group calling itself the Rodrigo Franco commando (1985-1990)” (file
of appendixes to the application, Volume I, appendix 2, page 8); and newspaper article entitled “Calle del
secuestro” published in the magazine “Sí” on February 20, 1989 (file of preliminary objection, merits, reparations
and costs, appendix 3 to the final written arguments presented by the State, page 920).
34
Cf. Final Report of the Truth and Reconciliation Commission, supra para. 48, Volume VII, Section 2.19,
“The murders committed by the paramilitary group calling itself the Rodrigo Franco commando (1985-1990)” (file
of appendixes to the application, Volume I, appendix 2, page 8); and newspaper article entitled “Calle del
secuestro” published in the magazine “Sí” on February 20, 1989 (file of preliminary objection, merits, reparations
and costs, appendix 3 to the final written arguments presented by the State, page 920).
35
Cf. newspaper article entitled “Asesinato de Saúl Cantoral. ¿Quién quiere matar a la Federation Minera?”
published in the magazine “Amauta” in the third week of February 1989 (file of appendixes to the application,
appendix 1(1), page 158).
36
Cf. document entitled “The Rodrigo Franco Commando,” dated August 2003, signed by Javier Ciurlizza
Contreras, Executive Secretary of the CVR, and provided by the State as helpful evidence (file of preliminary
objection, merits, and possible reparations and costs, page 771).
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