6
describing the form of collaboration with terrorists allegedly committed by Mr. Galindo. In this regard, he states
that the formal and unrestricted provision of legal advice does not constitute an act of collaboration (Article 284 of
the Organic Law of the Judicial Branch).
28.
The petitioner notes that this resolution was upheld by the senior prosecutor, and so he was
released on November 16, 1994, but that he was not given a written deed for his arrest, which had gone on longer
than the maximum of 15 days allowed for a person to be held in a terrorism investigation. The petitioner indicates
that on December 13, 1995, Mr. Galindo Cárdenas asked the prosecutor of the first criminal Prosecutor’s Office of
Huánuco, Dr. Ricardo Robles Coz, for certified copies of the investigation that was brought against him, but no
reply was given to his request. He states that on December 16, 1994, Mr. Galindo Cárdenas filed a complaint
remedy with the senior criminal prosecutor of Huánuco, again without positive results. The petitioner claims that
he apprised of the prosecutorial resolutions after a lengthy time spent investigating and demanding they be
handed over in order to be able to initiate the corresponding legal actions.
29.
The petitioner reports that Mr. Galindo’s family did not pursue legal action while he was being
held in custody, since they received threats from the Peruvian Army that were they to do so, he would not be
released. In addition, he claims that a state of emergency had been declared in the city of Huánuco and it was
therefore under the control of the Political/Military Command, led by Army Colonel Eduardo Negrón
Montestruque, the perpetrator of the alleged violations; consequently, the city’s prosecutors and judiciary were
subordinate to the Political/Military Command, and so any such remedies would have been ineffective. He also
contends that under Article 38 of Law 23506, and in accordance with Article 137.1 of the Constitution, habeas
corpus actions were not admissible in areas covered by states of emergency, which rendered the pursuit of any
legal action or claim futile.
30.
The petitioner alleges that upon regaining his freedom, Mr. Galindo Cárdenas lodged a complaint
against the Provincial Prosecutor of Huánuco, Ricardo Robles y Coz, and against the Senior Prosecutor of Huánuco,
Carlos Schult Vela, for the crimes of abuse of authority, against the jurisdictional function and malfeasance in office
as a consequence of his arbitrary detention. However, he states, in a decision dated May 8, 1998, the Internal
Oversight office of the Public Prosecution Service ordered the closing of the complaint file, in application of Article
4 of Amnesty Law No. 26479.
31.
The petitioner also reports that Mr. Galindo filed a complaint with the Executive Council of the
Judicial Branch, which in a decision of January 16, 1995, resolved to demand from the army a comprehensive
investigation of the case and the punishment of those responsible and to dispatch an official letter to the Attorney
General of the Nation and to the Ministry of the Interior to the same end. He alleges that despite that decision, the
State has not fulfilled its obligation of conducting a timely and effective investigation. He further alleges that he
had made various approaches to the Human Rights Commission of the Democratic Constituent Congress, to the
office of the Attorney General of the Nation, and to the Ministry of Defense, all of which were fruitless.
32.
The petitioner states that at the time when Mr. Galindo was publicly identified as a repentant
terrorist, in violation of the antiterrorist legislation (Regulations to the Repentance Law), his physical and personal
integrity was placed in danger, he suffered humiliation in various public venues, and his professional work as an
attorney was impaired. He also contends that this situation caused severe pain and suffering to the alleged victim
and his family, particularly his wife and his son who, at the time of the incident, was 9 years of age. The petitioner
claims that as a consequence of the State’s stigmatization of him as a subversive criminal, his professional
relationships were blocked; he was therefore forced to sell his house, his car, his wife’s business, to change his son
to another school, and to provide him with psychological treatment.
33.
Regarding the new facts presented by the State at the merits stage – dealing with the Verification
Report of January 25, 1995, which indicates that a tradesman applied for the terms of the Repentance Law in
connection with incidents that took place in the town of Acomayo in 1990, when members of PC-SL held a People’s
Assembly and appointed him the military commander of the first sector of San Pedro Acomayo – the petitioner