22 National Penitentiary Institute, and the certified copy of the records of the trial of Luis Alberto Cantoral-Benavides et al. for the crime of terrorism, submitted as additional evidence at the request of the Court, same shall be assessed within the context of the whole of the evidence of this case. 62. Decree Law No. 25.475 (Crime of Terrorism) is considered useful in deciding the present case, and is added to the evidence of same, in compliance with Article 44(1) of the Rules of Procedure.16 VIII PROVEN FACTS 63. From the examination of the documents, the witnesses’ testimony, the report from the expert and the statements of the State and the Commission during the course of the proceedings, the Court considers the following facts to have been proven: a. that on February 6, 1993, Luis Alberto Cantoral-Benavides was detained, without an arrest warrant issued by a competent authority, by agents of the DINCOTE at his home, located at Jirón Obreros 566, 4to piso “A” in the La Victoria District of Lima, Peru; 17 b. that Luis Alberto Cantoral-Benavides had no prior criminal record;18 c. that the members of the DINCOTE arrived at the house to detain José Antonio Cantoral-Benavides, Luis Alberto’s brother, but, when he was not found, they detained Luis Alberto. Luis Alberto Cantoral-Benavides’ twin brother, Luis Fernando Cantoral-Benavides, voluntarily accompanied his brother to the police station, and was later detained and sentenced to 25 years in prison;19 16 cfr. Decree Law No. 25.475 (Crime of Terrorism), of May 5, 1992. 17 cfr. notification of detention of Luis Alberto Cantoral-Benavides, on February 6, 1993; report prepared by the task force comprising representatives of the Ministries of Justice, Interior, Defense and Foreign Relations, as well as the Office of the Public Prosecutor and the Judicial Branch of Peru, dated June 1996, pages 1, 3 and 5; report on torture in Peru and other cruel, inhuman and degrading types of treatment or punishment, January 1993 to September 1994, by the National Coordination Office for Human Rights, point 13.3; newspaper article entitled “Caen 14 Senderistas que mataron ocho soldados y dinamitaron 2 Comisarias,” newspaper La Nacion – Lima, Saturday, February 27, 1993; statement given by Luis Alberto Cantoral-Benavides at the detention cells of the Palace of Justice in Lima, May 5, 1993; Police affidavit No. 049-DIVICOTE 3-DINCOTE, dated February 25, 1993; testimony of Luis Alberto Cantoral-Benavides given before the Court on September 20, 1999; and testimony of Gladys Benavidesde-Cantoral given before the Court on September 21, 1999; statement made by Luis Alberto CantoralBenavides on February 12, 1993 at the DINCOTE offices; statement made by Luis Alberto CantoralBenavides on February 28, 1993, before the Special Navy Investigating Judge, during the investigation stage; judgment of March 5, 1993, rendered by the Special Navy Court; statement made by Luis Alberto Cantoral-Benavides on December 1, 1993, in the 43rd Criminal Court of Lima, during the investigation stage; and testimony of Luis Alberto Cantoral-Benavides, given in Peru in the Loayza-Tamayo Case. 18 cfr. certification of criminal record, No. 0111, Supreme issued on October 18, 1993. Court of Peru, Criminal Record Office, 19 cfr. judgment of August 11, 1993, rendered by the Special Tribunal of the Supreme Council of Military Justice; statement made by Luis Alberto Cantoral-Benavides on February 28, 1993, before the Special Naval Investigating Judge, during the investigation stage; statement made by Luis Alberto Cantoral-Benavides at the detention cells of the Palace of Justice in Lima on May 5, 1993; testimony of Luis Alberto Cantoral-Benavides, given to the Court on September 20, 1999; testimony of Gladys