23
d.
that at the time of Luis Alberto Cantoral-Benavides’ detention a state
of emergency was in effect in the Department of Lima and the Province of
Callao, and that the guarantees covered in sections 7 (inviolability of
domicile), 9 (freedom of movement in national territory), 10 (freedom of
association) and 20 g. (arrest with a warrant order or by police authorities in
cases of a crime detected in the act) of Article 2 of the Peruvian Constitution
in force at the time had been suspended; 20
e.
that Luis Alberto Cantoral-Benavides was held incommunicado at
DINCOTE for eight or nine days, beginning on February 6, 1993, and it was
not until 15 days after his detention that he was allowed to see a lawyer;21
f.
that while being held incommunicado at DINCOTE Luis Alberto
Cantoral-Benavides was subjected to, by the police and naval personnel, acts
of violence in an attempt to get him to confess; for example, he was
blindfolded, cuffed with his hands behind his back, forced to remain standing,
struck in several parts of his body and, together with his brother Luis
Fernando Cantoral-Benavides and another detainee, was taken to the beach
at night, where he was subjected to physical and psychological torture, and
could not avoid hearing the cries of his brother Luis Fernando CantoralBenavides as he was beaten by police agents. Also, Luis Alberto CantoralBenavides was thrown to the ground, beaten, interrogated and threatened
with physical torture. Also, he was held, together with animals, at the
veterinary section of the Las Palmas military base. 22
g.
that two days after his detention at the police station he was visited by
a physician, who did not examine him thoroughly;23
Benavides-de-Cantoral, given to the Court on September 21, 1999; and testimony of Luis Alberto
Cantoral-Benavides, given in Peru in the Loayza-Tamayo Case.
20
cfr. Peruvian Constitution of 1979, Article 231.a); Supreme Emergency Decree No. 006-93DE/CCFFAA, of January 19, 1993, published in the El Peruano newspaper of January 22, 1993; testimony
of Víctor Álvarez-Pérez, given before the Court on February 5, 1997, in the Loayza-Tamayo Case.
21
cfr. police affidavit No. 049-DIVICOTE 3-DINCOTE, dated February 25, 1993, page 9; testimony
of Luis Alberto Cantoral-Benavides, given before the Court on September 20, 1999; and testimony of
Gladys Benavides-de-Cantoral, given before the Court on September 21, 1999.
22
cfr. testimony of Luis Alberto Cantoral-Benavides, given before the Court on September 20,
1999; testimony of Gladys Benavides-de-Cantoral, given before the Court on September 21, 1999;
testimony of Pedro Telmo Vega-Valle, given before the Court on September 21, 1999; statement made by
Luis Alberto Cantoral-Benavides before the 43rd Criminal Court of Lima on December 1, 1993, during the
investigation stage; a brief from Luis Alberto Cantoral-Benavides’ lawyer, addressed to Blanca NélidaColán, National Prosecutor, dated June 7, 1993; 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; testimonies of Luis Guzmán-Casas, Luis Alberto CantoralBenavides, Juan Alberto Delgadillo, Pedro Telmo Vega-Valle and María Elena Loayza-Tamayo, given in
Peru in the Loayza-Tamayo Case; testimonies of Víctor Álvarez-Pérez and Iván Bazán-Chacón, given
before the Court beginning on February 5, 1997, in the Loayza-Tamayo Case; and testimony of María
Elena Loayza-Tamayo, given before the Court beginning on June 9, 1998, in the Loayza-Tamayo Case,
reparations.
23
cfr. medical certificate 5313-L, dated February 8, 1993, from the General Directorate of Forensic
Medicine, Forensic Medicine Institute of Peru; 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; testimony of Luis Alberto