44
127. It has been proven in the present case that in the actions carried out by the
judges in the regular courts the following situations occurred: a) free and private
communication between Mr. Cantoral-Benavides and his defense lawyer was
impeded; b) the victim’s lawyer was unsuccessful in presenting certain evidence
crucial to the defense, such as the admission of the testimony of members of the
DINCOTE who captured Cantoral-Benavides and participated in the preparation of the
incriminating affidavit; nor was he able to force a confrontation of the handwriting
experts in order to clear up the differences in their testimony; and c) the identity of
the judges who heard the trial for terrorism was hidden, making it impossible for
Cantoral-Benavides and his lawyer to determine if there were grounds for a
challenge, and to mount a proper defense.
128. The Court concludes, from the above, that the State violated, to the
detriment of Luis Alberto Cantoral-Benavides, Article 8(2)c), 8(2)d) and 8(2)f) of the
American Convention.
Violation of Article 8(2)g) and 8(3) of the Convention
to not be required to testify against himself and
to speak without any type of coercion
129. As regards the violation of Article 8.2.g) and 8(3) of the Convention, the
Commission alleged that:
a)
Luis Alberto Cantoral-Benavides was coerced into testifying against
himself and, as a result, forced to incriminate himself and accept the charges
against him;
b)
in the trials of Luis Alberto Cantoral-Benavides, statements obtained
from the victim through coercion were provided as partial evidence; and
c)
his detention for a period of time longer than that authorized by law,
and his interrogation at unusual hours and places, are also forms of coercion.
130.
For its part, the State alleged that:
a)
The Peruvian Constitution of 1979, in Article 233, established due
process as a jurisdictional guarantee, which was respected; and
b)
the legality of the all police and judicial actions were “closely watched
by the Office of the Public Prosecutor.”
*
*
*
131.
Article 8(2)g) and 8(3) of the Convention, as pertains, state that:
2.
[…] During the proceedings, every person is entitled, with full equality, to the
following minimum guarantees:
[…]
g.
the right not to be compelled to be a witness against himself or to plead guilty;
and […]
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