individuals identified themselves as members of the
police and informed her that she was being detained
in connection with the investigation of terrorist
incidents. They handcuffed her and covered her head
with her jacket. The author was then taken to
premises which she later learned were those of the
Department of Counter-Terrorism (DINCOTE).
self-styled terrorist group, the Sendero Luminoso
Communist Party of Peru”. More specifically, she
was accused of being a member of the leadership
cell of the health section, of being in charge of it and
of drawing up plans for the care and examination of
persons wounded in terrorist actions in metropolitan
Lima. She was sentenced to 25 years’ imprisonment
and a fine for the offence of terrorism under articles
4 (terrorism—acts of collaboration), 5 (membership
of a terrorist organization) and 6 (incitement to
commit acts of terrorism) of Decree-Law No. 25475.
The author claims that these definitions of offences
do not apply.
2.2 The author was interrogated blindfolded.
During interrogation she was threatened with the
arrest of her family members and with the
confiscation of her possessions and medical
equipment; she was accused of treating terrorists and
was hit on the head and lost consciousness. When
she recovered her senses, the interrogation continued
with blows, insults and threats, including the threat
of rape. During the first days of her detention she
was forced to remain standing for the entire day.
2.7 On 3 September 1997 the author filed a
petition for annulment with the Supreme Court,
contending that the conviction was based on
legislation—Decree-Law No. 25475 of 5 May
1992—which had not been in force when the acts
with which she was charged allegedly took place,
that is, between 1987 and the early months of 1992.
At that time, the legislation applicable was the
Criminal Code and Act No. 24953, which punished
offences against the public peace/terrorism with
maximum sentences of 15 and 25 years respectively
for the alleged offence of association. In addition,
pretrial investigations were initiated against her for
allegedly being an accessory to the offence of
terrorism but she was convicted on a different
charge, namely, that of being a “middle level cadre”
of Sendero Luminoso. On 29 September 1997 the
Court rejected the petition. Neither the author nor
her counsel were notified of the judgement.
2.3 The police searched her home and claimed to
have found a document establishing a link between
her and the Sendero Luminoso terrorist organization.
The author asserts that this document did not belong
to her. She was accused of having treated
“subversives” and coerced medical colleagues into
doing the same. She was also urged under threat to
denounce other persons who had allegedly “forced
her” to perform those acts.
2.4 The author remained in solitary confinement
for seven days, following which the police report
was prepared. It concluded that the author was guilty
of the offence of terrorism. On 24 February 1993
Lima’s provincial criminal prosecutor No. 14 drew
up a charge against the author, accusing her of being
a member of “the subversive organization the
Sendero Luminoso Communist Party of Peru, in the
health section of the People’s Aid Association, as an
activist, trainer, organizer of support and contact”.
She was remanded in custody. On the same date the
judge initiated pretrial proceedings and ordered her
to be detained.
2.8 In October 1997, the author’s father sought a
pardon from the President of the Republic under Act
No. 26655. Under this Act an ad hoc commission
had been set up to propose that the President should
grant a pardon to persons sentenced for the offence
of terrorism contrary to fundamental standards of
justice.
2.9 During the first few years of her detention in
Chorrillos Maximum Security Prison, even before
being convicted, the author was held in a cell 2.5
metres square, shared with five or six persons
simultaneously, where she remained all day except
for half an hour in the yard. During her periods in
the yard she could not talk to other inmates. She did
not have access to reading and writing materials. Her
visiting rights were restricted to two immediate
relatives per month for a total of 30 minutes in
multi-person visiting rooms and without physical
contact. The food was inadequate. As a result of all
of this she had health problems and began to suffer
from bruxism, facial paralysis, dermatitis,
aggravated myopia, bronchial symptoms, etc.
2.5 The author was tried for an offence against
the public peace/terrorism by the Special Criminal
Division for terrorist affairs of the High Court of
Lima (a “faceless” or concealed identity division),
under Decree-Law No. 25475 of 5 May 1992, which
established this offence. On 2 March 1994 the
Division handed down a judgement sentencing the
author to 20 years’ imprisonment. The sentence was
appealed and declared void by the Supreme Court on
8 June 1995, on the grounds that there had been
irregularities in the proceedings in breach of the
Code of Criminal Procedure.
2.6 On 16 October 1995 a new oral hearing took
place before the Special (faceless) Criminal Division
of the High Court of Lima, accusing the author of
“being a member of the so-called health section of
the department of support of the Peruvian People’s
Aid Association, one of the central bodies of the
2.10 The author maintains that she was subjected
to the regime under Decree-Law No. 25475, in
accordance with which:
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