9 40. Certain documentation related to the internal processing of the case, beyond that called for in Article 43 of the Rules of Procedure, was submitted by the State even though it had not been requested by the Court. (supra para. 26).6 41. The State presented, as part of the additional evidence requested, two notes and a certified copy of the files of the criminal trial of Mr. Luis Alberto CantoralBenavides and others for the crime of terrorism (supra para. 35).7 42. The Secretary General of the OAS submitted documentation related to the notification of the suspension of guarantees by the Peruvian State (supra para. 33).8 VI ORAL AND EXPERT EVIDENCE 43. The Court received, in the public hearings held on September 20 and 21, 1999, the statements of the witnesses and the expert proposed by the InterAmerican Commission. Said statements are summarized below, in the order in which they were given: a. Testimony of Luis Alberto Cantoral-Benavides, alleged victim in the case. The witness was convicted in Peru for the crime of treason against the fatherland. He was arbitrarily detained at his home by members of the National Police of Peru – National Anti-Terrorism Bureau (hereinafter “DINCOTE”) - dressed as civilians, in the early morning hours of February 6, 1993. He was shown no warrant from a competent authority to conduct the search or arrest him. The police were looking for his older brother, José Antonio Cantoral-Benavides, but when they could not find him, they arrested Luis Alberto. At the time he was detained he was made to sign a document identifying all items confiscated, but was not shown the contents of the 6 cfr. judgment rendered by the Supreme Council of Military Justice for Matters Related to Treason Against the Fatherland, of August 11, 1993; brief from the Special Deputy General Prosecutor, of September 3, 1993; judgment rendered by the Special Tribunal of the Supreme Council of Military Justice for Matters Related to Treason Against the Fatherland, of September 24, 1993; and the following notes, which are not related to the case: a note, dated August 26, 1993, from Luis Alberto Cantoral-Benavides’ lawyer, official letter No. 41-93-A, dated November 18, 1993; and a note from the Legal Secretary WB700229, in which he reported the judgment rendered by the Special Tribunal of the Supreme Council of Military Justice in the case of Mr. Julio Ortíz Martínez. 7 cfr. official letter No. 093-2000-MP-FN-3RDF.S.C.L., dated March 23, 2000, from the Third Superior Civil District Attorney’s Office of Lima to the Executive Secretary of the National Council on Human Rights; a certification from the Executive Office of the Penitentiary Record Center of the National Penitentiary Institute of the Ministry of Justice, of March 6, 2000; and the file of the criminal trial for the crime of terrorism, volumes A, B, C, D, and E. 8 cfr. copies of the notes received at the General Secretariat of the OAS in the period between January 1993 and October 1995, reporting on the declaration and extension of states of emergency in the Peruvian State, via the following supreme decrees: No. 020 DE/CCFFAA; No. 004-94-DE/CCFFAA, dated January 13, 1994; No. 014-94-DE/CCFFAA, published February 19, 1994; No. 020-94-DE/CCFFAA and No. 021-94-DE/CCFFAA, published February 18, 1994; No. 035, of May 10, 1994; No. 061, published July 16, 1994; No. 062, published July 18, 1994; No. 093, published November 13, 1994; No. 003, published January 12, 1995; No. 077-DE/CCFFAA; No. 078-DE/CCFFAA; No. 079-DE/CCFFAA; No. 083-DE/CCFFAA; No. 084-DE/CCFFAA; No. 085-DE/CCFFAA; No. 086-DE/CCFFAA; No. 088-DE/CCFFAA; No. 089DE/CCFFAA; No. 092-DE/CCFFAA; No. 093-DE/CCFFAA; No. 094-DE/CCFFAA; No 095-DE/CCFFAA; No. 100-DE/CCFFAA; No. 101-DE/CCFFAA; No. 058, published September 9, 1995; No. 059, published September 9, 1995; No. 073, published November 4, 1995; No. 074, published November 5, 1995; No. 075, published November 6, 1995; No. 078-DE/CCFFAA; and a note of September 27, 1994, which contains a list of the provinces and/or departments under a state of emergency at the time.

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