sequence follows the mode of action called for in the plan of operation, to notify the
commanding officer and await his instructions (supra para. 286).
304. Some hostages said they had not seen any MRTA fighters surrendered or captured when
they were evacuated through the yard of house No. 1 next door to the residence (supra para.
301). These statements per se do not contradict the evidence described above, as the fact that
they did not see Eduardo Nicolás Cruz Sánchez captured does not necessarily mean that it did
not happen.
305. No statement holds up the hypothesis that Eduardo Cruz Sánchez was felled during
hostilities. Nor did any commando admit to having killed or shot at Cruz Sánchez in combat,
or to having been present at the time of his death, either inside or outside the residence. 389
No commando said he had seen the body during the operation, although they did observe
several bodies inside the residence the next day during the reconnaissance visit. 390 Cruz
Sánchez’ body was found outside the residence on a concrete slab at the back of the property
(supra para. 292).
B) Expert evidence developed in the domestic investigations
306. The expert reports indicate that Eduardo Nicolás Cruz Sánchez died of a gunshot wound
to the head391 delivered by a person located behind him and to his left. 392 Thus, the bullet
entered from behind to the left and exited on the right side of the head, which would be
October 15, 2012 (evidence file, volume XX, annexed to the representatives’ observations on the State’s preliminary
objections, folio 13552).
Cf. Statements contained in the case file of the military courts (evidence file, further helpful evidence,
volumes XXII to XXV).
389
Cf., among others, initial statement by Jhonnny Ronald Cabrera Rodríguez before the investigative justice
department of the military jurisdiction, CSJM, July 4, 2002 (evidence file, further helpful evidence, volume XXII,
folios 15013 to 15017); initial statement by Néstor José Castañeda Sánchez before the investigative justice
department of the military jurisdiction, CSJM, August 13, 2002 (evidence file, further helpful evidence, volume XXII,
folios 15557 to 15561); initial statement by Gustavo Alexander Segura Figueroa before the investigative justice
department of the military jurisdiction, CSJM, September 4, 2002 (evidence file, further helpful evidence, volume
XXIII, folios 15845 to 15850); initial statement by Carlos Alfredo Vásquez Panduro before the investigative justice
department of the military jurisdiction, CSJM, September 9, 2002 (evidence file, further helpful evidence, volume
XXIII, folios 15913 to 15918), and initial statement by Ciro Alegría Barrientos before the investigative justice
department of the military jurisdiction, CSJM, September 10, 2002 (evidence file, further helpful evidence, volume
XXIII, folios 15921 to 15926).
390
Cf. Autopsy report 0878-2001 prepared by the Institute of Forensic Medicine on March 20, 2001 (evidence
file, volume I, annex 7 to the case submission brief, folio 587), and report on 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 701). See also, 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, folios 13631 to 13632), and expert opinion
by Derrick John Pounder, certified before a public attestor on January 23, 2014 (evidence file, affidavits, volume
XXX, folio 20855).
391
Conclusions are inconsistent as to whether the shooter was located on higher ground or lower ground than
Cruz Sánchez. 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
13631); partial selective autopsies of the 14 members of the MRTA, April 23, 1997 (evidence file, volume II, annex
16 to the case submission brief, folio 764); forensic ballistics report by the National Police of Peru 1118/01, May 10,
2001 (evidence file, volume XXVII, CVR evidence, folios 19270 to 19272); report on 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 698), and
forensic report by forensic specialists from the Institute of Forensic Medicine on the members of the MRTA group who
died in the residence of the Japanese ambassador in Peru, August 16, 2001 (evidence file, volume I, annex 7 to the
case submission brief, folio 143).
392