16
No. 635.98.INPE-CR-P from the Ministry of Justice on September 18, 1998 and
October 31, 1998, respectively. Under those circumstances, Peru disregarded
handing relevant documentation to the Tribunal for fact acknowledgement.
53.
Virginia Ugarte Rivera testimony is only admitted as long as it agrees with the
intention of the proposed interrogatory by the Commission and shall be assessed
within the group of evidence in this proceeding, according to the principle of
“reasoned judgment”.
54.
Evidence resulting from Neira Alegría Case, added to evidence in this case
(supra para. 38) shall be similarly assessed within the context of the corresponding
evidence to these proceeding and in keeping with the rules of “reasoned judgment”.
55.
Documentary evidence produced by the Commission, at the request of the
Court, as evidence for a better decision, shall be evaluated in similar terms
mentioned in previous paragraphs.
56.
Regarding notices No. 544.98.INPE-CR-P and No. 635.98.INPE-CR-P from the
Ministry of Justice, of September 18, 1998 and October 31, 1998 respectively, that
were untimely submitted by the State, the Court considers them useful
documentation to render information about the proceeding of terrorism followed
against Durand Ugarte and Ugarte Rivera in Peru, and incorporated into the evidence
of the present case, in compliance with Article 44 (1) of the Rules of Procedure, and
will be assessed within the context of the whole evidence in the present case, and in
accordance with the rules of “reasoned judgment”.
57.
Considerations stated in the previous paragraph are also applicable to the
newspaper article untimely submitted by the Commission, on January 22, 1997,
containing information related to Durand Ugarte and Ugarte Rivera situation.
58.
Peru Political Constitution of 1979, the Organic Law of Military Justice
(Executive Order No. 23201) and the Code of Military Justice (Executive Order No.
23214) are considered useful for the resolution of this case, therefore added to
probative antecedent as stipulated by Article 44(1) of the Rules of Procedure. 13
VIII
PROVEN FACTS
59.
Based on document examination and witness statement, as well as
declarations stated by the State and the Commission, in the development of
proceedings, this Court considers the following facts as proven:
a.
on February 14 and 15, 1986, Nolberto Durand Ugarte and Gabriel
Pablo Ugarte Rivera were detained respectively by members of the
13
cf. Political Constitution of Peru approved on June 12, 1979, Organic Law of Military Justice
(Executive Order No. 23201) of July 28, 1980: and Code of Military Justice (Executive Order No. 23214) of
July 24, 1980.