(ii) the “serious contradictions in the explanations given by the commandos who were part of
the delta eight squad in charge of room “I” concerning how the alleged confrontation had
unfolded”;
(iii) “the bodies of the two MRTA members presented bullet wounds whose trajectory could be
traced from behind, in a forward direction, and this cannot be explained from the statements
about a face-off”;
(iv) forensic evidence is not consistent with the explanations about a face-to-face confrontation,
and
(iv) there is no evidence that the alleged victims were armed, as the report on identification and
removal of the bodies does not indicate that any weapons were found near these two bodies
even though weapons found near the bodies of other MRTA members are documented. They
also noted that in his statement before the domestic courts, “Luis Ernesto Gálvez Melgar, a
member of the explosives deactivation unit, said that in his view, the people whose bodies he
observed in room ‘I’ had died without putting up any resistance, as he had not seen any weapons
near them at all, and besides, the positions of their bodies suggest the same thing.”
324. The State held that the deaths had taken place in combat as a result of gunshots fired
when the armed guerrillas had advanced through the hallway and approached the hostage
evacuation area. Specifically, the State said that Hidetaka Ogura could not have seen or heard
what he was reporting, as there was a great deal of noise and smoke in room “I”, and from
the far end of the balcony where he was evacuated, there was no line of sight into the door of
the room.
325. The Court will now analyze the plausibility of the hypotheses brought, first, by the
Commission and the representatives of the alleged victims, and second, by the State, in light
of evidence in the case file and bearing in mind the Court’s particular role, as this is not a
criminal court nor does it hold to the same standards of evidence as criminal proceedings
(supra paras. 280 and 282).
A) Eyewitness evidence
326. The August 20, 2001 letter that Hidetaka Ogura sent to the judiciary said that he saw
the following at the time he was evacuated:
About ten minutes after we heard the first explosion, members of the military command
entered room ‘I’, one from the terrace, and the other through the main door of the room.
There was much shooting of guns in the room by the military. When the shooting in room
‘I’ ended, we waited a few more minutes to leave the residence building until the members
of the military command told us to go down the stepladder they had set up on the terrace.
I was the next to last to take the ladder. […]. As I turned to take the ladder on the terrace,
I was facing the main door to the room. When I turned, I saw that two MRTA members
were surrounded by the military, a woman called ‘Cynthia’ and a man I could not
recognize, but he was short in stature and surrounded by tall soldiers. Before I climbed
down the ladder, I heard ‘Cynthia’ screaming something like: ‘Don’t kill him’ or ‘Don’t kill
me’.403
Letter from Hidetaka Ogura to the judiciary of Peru, August 20, 2001 (evidence file, volume I, annex 5 to
the case submission brief, folios 112 to 113).
403