Daniel Williams Zapata, of the First Division of Special Forces.127 The Plan of Operation was written in January, 1997 and dubbed “Operation Nipón 96”. This rescue operation would later come to be known as “Operation Chavín de Huántar”. 128 153. The goal of “Plan of Operation Nipón 96” (also known as Plan Nipón 96 or rescue operation Chavín de Huántar) was to take control of the building, “capture or eliminate the MRTA terrorists and rescue the hostages, and thus restore the rule of law and contribute to consolidating national pacification.” 129 According to the plan, this would be done by developing “measures and actions to prevent or neutralize terrorist actions […], not committing excesses of any kind, observing unrestricted respect for [human rights], all of this without failing to take energetic action.”130 154. The Plan of Operation was structured along a three-tiered military chain of command. The first tier was assigned to Army Brigadier General Augusto Jaime Patiño, and the second was divided among Army Infantry Colonel Alfredo Reyes Tavera, Army Infantry Major Jaime Muñoz Oviedo, Army Infantry Colonel Paul da Silva Gamarra, Army Infantry Colonel Edmundo Díaz Calderón and Army Captain of Communications Major José Fernández Fernández. A third tier was set up, the Counterterrorist Unit or Counterterrorist Intervention Patrol, known as the “Tenaz Patrol”, under the command of Army Infantry Colonel José Daniel Williams Zapata; also attached to this unit were Army Infantry Colonel Luis Alatrista Rodríguez and Navy Frigate Captain Carlos Alberto Tello Aliaga, 131 and it was made up of approximately 142 military commandos, officers and junior offices. 132 The commandos began training and exercises on December 20, 1996, first, using a wooden model, and later, a full replica of the residence that 13417 to 13418), and ruling by the Transitory Criminal Law Chamber of the Supreme Court of Justice on an appeal to vacate judgment, 3521-2012 July 24, 2013 (evidence file, volume XXI, helpful evidence, folio 14673). 127 Cf. Statement by José Daniel Williams Zapata before a federal attestor, January 29, 2014 (evidence file, volume XXX, affidavits, folios 20719 to 20731); ruling by the Third Special Criminal Chamber of the Superior Court of Lima on October 15, 2012 (evidence file, volume XX, annexed to the representatives’ observations on the State’s preliminary objections, folios 13417 to 13418), and ruling by the Transitory Criminal Law Chamber of the Supreme Court of Justice on an appeal to vacate judgment, 3521-2012 July 24, 2013 (evidence file, volume XXI, helpful evidence, folio 14673). The name is taken from an archaeological site located in the Department of Ancash, where underground stone galleries form tunnels. 128 Plan of Operation A. “NIPON” 96 (1st Div FFEE), January 1997, p. 2 (evidence file, volume I, annex 2 to the submission brief, folio 26). See also, Report 01/1a Div FFEE Operation “Chavín de Huántar” (hostage rescue operation), April 30, 1997, p. 5 (evidence file, volume I, annex 2.a to the case submission brief, folio 46); statement given by Carlos Alberto Tello Aliaga before a public attestor on January 29, 2014 (evidence file, volume XXX, affidavits, folios 20734 to 20744), and expert opinion delivered by Jean Carlo Mejía Azuero in the public hearing before the Court on February 3 and 4, 2014. 129 Plan of Operation A. “NIPON” 96 (1st Div FFEE), January 1997, pp. 3 to 5 (evidence file, volume I, annex 2 to the case submission brief, folios 27 to 28). Note also that the Plan of Operation stated, “execution of the operation should take place within the framework of the law and unrestricted respect for [human rights]”. Plan of Operation A. “NIPON” 96 (1st Div FFEE), January 1997, p. 2 (evidence file, volume I, annex 2 to the case submission brief, folio 26). 130 Cf. Ruling by the Third Special Criminal Chamber of the Superior Court of Lima on October 15, 2012 (evidence file, volume XX, annexed to the representatives’ observations on the State’s preliminary objections, folios 13417 to 13418), and ruling by the Transitory Criminal Law Chamber of the Supreme Court of Justice on an appeal to vacate judgment, 3521-2012 July 24, 2013 (evidence file, volume XXI, helpful evidence, folio 14673). 131 Cf. Statement given before a public attestor by Daniel Williams Zapata, January 29, 2014 (evidence file, volume XXX, affidavits, folios 20719 to 20731), and ruling by the Transitory Criminal Law Chamber of the Supreme Court of Justice on an appeal to vacate judgment, 3521-2012 July 24, 2013 (evidence file, volume XXI, helpful evidence, folio 14673). 132

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