28
appoint a lawyer of his choosing, same was not allowed to present a proper
defense;35
r.
that on October 9, 1996, Luis Alberto Cantoral-Benavides requested a
pardon from the ad hoc Commission created under Law No. 26.655, and that
in Supreme Decision No. 078-97-JUS, of June 24, 1997, published in the El
Peruano newspaper on June 25, 1997, said benefit was granted to him;36
s.
that Luis Alberto Cantoral-Benavides was incarcerated from February
6, 1993, to June 25, 1997, when he was released;37
t.
that during the time Luis Alberto Cantoral-Benavides was under arrest,
physical and psychological aggression against people being investigated for
the crimes of treason against the fatherland and terrorism was a common
practice;38 and
35
cfr. Decree Law No. 25.475 (Crime of Terrorism) of May 5, 1992, Article 12.f); 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 Víctor Álvarez-Pérez,
given before the Court on September 21, 1999; testimony of Rosa María Quedena- Zambrano, given
before the Court on September 21, 1999; expert testimony from Arsenio Oré-Guardia, given before the
Court on September 21, 1999; minutes of the hearing held at the Special Criminal Branch of the Santa
Monica Prison on July 26, 1994, in which a statement was taken from Luis Alberto Cantoral-Benavides;
minutes from August 3, 10, 20 and 24 at Santa Monica and September 3, 6, 16 and 19, 1994 at the
Castro-Castro Prison, which contain the continuation of the hearing; letter of notification/Superior Court of
Lima, File 634-93, of August 5, 1994; letter of notification/Superior Court of Lima, File 634-93, June 24,
1994.
36
cfr. Official letter CAH-ST-97-135, of May 16, 1997, from the General Coordinator of the ad hoc
Commission; Official Letter DP-ST-97-163, of June 6, 1997, from the Executive Secretary of the ad hoc
Commission; Supreme Decision 078-97-JUS, of June 24, 1997, published in the El Peruano newspaper on
June 25, 1997; 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 Víctor Álvarez- Pérez, given before the Court on September 21, 1999; and testimony of Rosa
María Quedena-Zambrano, given before the Court on September 21, 1999.
37
cfr. notification of detention of Luis Alberto Cantoral-Benavides, on February 6, 1993; police
affidavit No. 049 DIVICOTE-3-DINCOTE, dated February 25, 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 Office and the Judicial Branch of Peru, from 1994; Supreme Decision
078-97-JUS, of June 24, 1997, published in the El Peruano newspaper on June 25, 1997; 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 Víctor ÁlvarezPérez, given before the Court on September 21, 1999; and testimony of Rosa María Quedena-Zambrano,
given before the Court on September 21, 1999.
38
Cfr. 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;
testimony of Luis Alberto Cantoral-Benavides, given before the Court on September 20, 1999; testimony
of Susana Villarán-de-la-Puente, given before the Court on September 20, 1999; testimony of Pedro
Telmo Vega-Valle, given before the Court on September 21, 1999; testimony of María Elena Castillo, given
before the Court on September 21, 1999; expert testimony from Arsenio Oré-Guardia, given before the
Court on September 21, 1999; newspaper article from the La Republica newspaper of Lima, Peru, entitled
“Confesion a Golpes,” dated December 18, 1994; testimonies of Luis Guzmán-Casas; Luis Alberto
Cantoral-Benavides; Juan Alberto Delgadillo; Pedro Telmo Vega-Valle; and Mrs. María Elena LoayzaTamayo, given in Peru in the Loayza-Tamayo Case; testimony of Víctor Álvarez- Pérez and Iván BazánChacón, given before the Court beginning on February 5, 1997 in the Loayza-Tamayo Case; expert
testimony of León Carlos Arslanian, given before the Court beginning on February 5, 1997, in the LoayzaTamayo Case; and testimony from María Elena Loayza-Tamayo, given before the Court beginning on June
9, 1998, in the Loayza-Tamayo Case, Reparations