34
record were allegedly in his possession.” In addition, the Police described some
documents which were allegedly stored in the hard disk of the computer seized from
the alleged victim’s domicile, pointing out that they were “for the exclusive use of the
members of the PCP-SL” (Partido Comunista Peruano, Sendero Luminoso, hereinafter
“Shining Path”) and that other “encrypted documents” were stored in said computer
which were to be examined later. In said police report Wilson García-Asto was charged
with the alleged crime of terrorism, as it was allegedly “proven that he was a member
of [Shining Path], operating for the ‘Organized Support’ of the Metropolitan Regional
Committee Northern Area” of such organization. In their report, the police stated that
the judicial bodies having jurisdiction to hear the case were the Forty-Third On-Duty
Provincial Prosecutor (43 Fiscalía Provincial de Turno) and the Forty-Third On-Duty
Magistrate’s Court (43 Juzgado de Instrucción de Turno).
Regarding the criminal proceedings brought against Wilson García-Asto
97(19) On July 17, 1995, the Deputy Provincial Criminal Prosecutor in charge of the ad
hoc Forty-Third Provincial Criminal Public Prosecutor’s Office for Terrorism of Lima
(Cuadragésima Tercera Fiscalía Provincial Penal ad hoc de Terrorismo de Lima) brought
criminal charges against Wilson García-Asto as alleged perpetrator of the crime of
disturbance of public peace (terrorism) against the State, under the provisions of
Articles 4 and 5 of Decree-Law No. 25.475, offering as evidence police report No. 071
(supra para. 97(18)).
97(20) On July 17, 1995 the Judge presiding over the Forty-Third Criminal Court of
Lima (Cuadragésimo Tercer Juzgado Penal de Lima), based on the charges brought by
the Public Prosecutor’s Office and the foregoing police report, issued an order so that
pre-trial investigation proceedings be commenced against Wilson García-Asto for the
crime of terrorism as described in Articles 4 and 5 of Decree-Law No. 25.475. At the
same time, the Judge stated that it was “relevant to point out that giv[en] the nature
of the crime under investigation and the special legislation regarding t[he] matter,
paragraph (a) of Article 13 of Decree-Law [No. 25.475] w[as] to be strictly applied,
whereby he […] issu[ed] an ARREST warrant.”
97(21) On July 20, 1995 Wilson García-Asto made a statement during the pre-trial
investigation proceedings before the Judge presiding over the Forty-third Criminal
Court of Lima (Cuadragésimo Tercer Juzgado Penal de Lima), in the presence of his
counsel, wherein he ratified that the documents seized therefrom were not his (supra
paras. 97(12) and 97(18)). The alleged victim ratified in part his police statement,
declaring that he had never worked for Shining Path, nor had he used his computer to
draw documents for said organization, and that it was not true that he delivered them
medicines, clothes or supplies.
97(22) On September 18, 1995, María Beatriz Azcarate-Vidalón gave testimony,
wherein she ratified her police statement (supra para. 97(17)), in that she did not
know Wilson García-Asto. For his part, in the testimony given on that same day by
Nicéforo Bartolomé Melitón-Cárdenas, he did not ratify the statement he had made
before the police (supra para. 97(15)) and made it clear that he did not know Wilson
García-Asto and that said person was not a member of Shining Path.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents