exited through the right side of the head,373 a wound in the abdomen-pelvic area,374 and a preexisting leg wound.375 293. Nevertheless, questions about the circumstances of his death and whether it can be attributed to the State are in dispute. The Commission and the representatives have argued, based on statements by Hidetaka Ogura and two police officers, as well as other evidence, that the last time he was seen alive, he was unarmed and in the custody of military personnel after he had laid down his arms. The State’s explanation is that he died while taking part in hostilities. The State pointed specifically to the report on identification and removal of the bodies (Acta de identificación y levantamiento de cadáveres, supra para. 170) and witness statements,376 according to which, Eduardo Nicolás Cruz Sánchez was holding a grenade in his right hand at the time of his death. The State’s defense also centered around refuting evidence brought before this international proceeding in support of the position held by the Commission and the representatives. 294. 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 Cf. Partial selective autopsies of the 14 MRTA members, April 23, 1997 (evidence file, volume II, annex 16 to the case submission brief, folio 764); report of forensic examinations by the Institute of Forensic Medicine on MRTA members who died at the residence of the Japanese ambassador to Peru on August 16, 2001 (evidence file, volume I, annex 7 to the case submission brief, folio 143), and report on human remains NN1-NN4 attributed to the Túpac Amaru Revolutionary Movement, by Clyde C. Snow and José Pablo Baraybar, Peruvian Forensic Anthropology Team, July, 2001 (evidence file, volume II, annex 12 to the case submission brief, folio 697). See also, expert testimony delivered by Derrick John Pounder and certified before a public attestor, January 23, 2014 (evidence file, affidavits, volume XXX, folios 20855 to 20857 and 20860); expert testimony delivered by Luis Antonio Loayza Miranda before a public attestor, January 29, 2014 (evidence file, affidavits, volume XXX, folios 20880 to 20881), and expert testimony delivered by Juan Manuel Cartagena Pastor in a public hearing before the Inter-American Court, February 3 and 4, 2014. 373 374 Cf. Tables 1 and 2 of the report on forensic examinations by the Institute of Forensic Medicine on MRTA members who died at the residence of the Japanese ambassador to Peru on August 16, 2001 (evidence file, volume I, annex 7 to the case submission brief, folios 180 to 181). Despite the information in these tables, the Third Special Criminal Chamber found, based on statements by the forensic examiners, that this notation in the tables was a “typographical error”, and this was later corroborated by the autopsy reports. Cf. Ruling by the Third Special Criminal Chamber of the Superior Court of Lima, October 15, 2012 (evidence file, volume XX, annexed to the representatives’ observations on the State’s preliminary objections, folio 13614 to 13624). Note, in this regard, that Eduardo Nicolás Cruz Sánchez presented a gunshot wound on the right tibia due to an injury sustained prior to the hostage rescue operation. Cf. Report of forensic examinations by the Institute of Forensic Medicine on MRTA members who died at the residence of the Japanese ambassador to Peru on August 16, 2001 (evidence file, volume I, annex 7 to the case submission brief, folio 143), and report on human remains NN1NN4 attributed to the Túpac Amaru Revolutionary Movement, by Clyde C. Snow and José Pablo Baraybar, Peruvian Forensic Anthropology Team, July, 2001 (evidence file, volume II, annex 12 to the case submission brief, folio 697). The judgment by the Third Special Criminal Chamber says that this wound had been sustained at the time the hostages were taken, and the Red Cross had set it in a cast. Cf. Ruling by the Third Special Criminal Chamber of the Superior Court of Lima, October 15, 2012 (evidence file, volume XX, annexed to the representatives’ observations on the State’s preliminary objections, folio 13617). Carlos Tsuboyama Matsuda said in his statement, “The day the hostages were taken […] the subversive Cruz Sánchez had shot himself in the leg.” Cf. Statement by Carlos Tsuboyama Matsuda before the Third Special Criminal Chamber, proceedings of session 36, December 28, 2011 (evidence file, volume XIII, annex 17 to the State’s answering brief, folios 8798 to 8799). See also, statement by Luis Alejandro Giampietri Rojas before a public attestor, January 30, 2014 (evidence file, volume XXX, affidavits, folio 20715). 375 The State cited the statement by police officer Gama Flores from the UDEX about Eduardo Nicolás Cruz Sánchez’ body, saying that “his right hand was open and in the palm of this hand was a green pineapple-type war grenade with full accessories, that is, with safety devices.” Cf. Statement by Freddy Gerardo Gama Flores before the Specialized Provincial Prosecutor, May 10, 2001 (evidence file, volume XXVI, CVR evidence, folios 18331 to 18337). The State also singled out the statement by police officer López Mori from the UDEX, that “he had a war grenade in his right hand.” Cf. Statement by Heycenover López Mori before the Specialized Provincial Prosecutor, May 8, 2001 (evidence file, volume XXVI, CVR evidence, folios 18317 to 18323). 376