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73.
Accordingly, in the firm judgments rendered by the military and civil tribunals in
relation to Ms. María Elena Loayza-Tamayo, the grounds for her acquittal and her
subsequent conviction were not specified, and can only be determined from the police files
and the corresponding charges.
74.
Before the military courts, the aforementioned facts were imprecisely stated in
Expanded Police Report Nº 049-DIVICOTE 3-DINCOTE of February 25, 1993; more
specifically, in the part relating to the charge brought by the Military Prosecutor in the
Special Naval Court on March 4 of that year, Ms. María Elena Loayza-Tamayo was accused
of
[being a member] of the Departamento de Socorro Popular [People's Assistance Department] of
the Peruvian Communist Party Shining Path, and a member of the 'Leadership Cell,' and was in
charge of elaborating the plans for each campaign or given period, and plan, supervise, control
and provide logistical support to the detachments and troops that carry out the various terrorist
acts.
...
It was also decided that María Elena Loayza-Tamayo, alias 'Rita' [is an author] of the crime of
Treason and is covered under Decree-Law Nº 25.659 for the following reasons:
- For having carried out activities for the Communist Party of Peru-Shining Path terrorist
organization, using firearms and explosive devices.
- For being a member of the leadership of the PCP-SL terrorist organization: "Communist,"
"Political Command," "Military Command," "Activist," "Combatants," all designations corroborated
in her statements, acts of recognition, and documents seized.
- For belonging to a group dedicated to "annihilating" various persons and as such responsible
for selecting targets and planning and executing those actions ....
- For having consistently demonstrated that she has been ideologically schooled and occupies an
important position within the terrorist organization by steadfastly denying her association with it
or admitting to as little as possible in order to pretend to be what she is not and prove her alibi in
order to avoid being held criminally accountable, which is typical of the members of that
organization and reveals their cynicism and fanaticism about preserving their "golden rule"
(secrecy and not informing), thus adhering to the tenets of their doctrine.
- It has been established that the properties on which meetings were held to plan, coordinate,
pass along instructions from above, evaluate actions, render accounts, and for political ideological
indoctrination are the following:
- The building owned by María Elena Loayza-Tamayo, alias 'Rita,' where Nataly Mercedes SalasMorales, alias 'Cristina,' and Vilma Ulda-Antaurco, alias 'Mónica' lived clandestinely...
75.
The accused was bound over for trial by the Forty-third Criminal Court of Lima on
October 8, 1993, on the basis of the same Expanded Police Report. The pertinent part of
that order maintained that
there being evidence of the commission of the crime of terrorism by the aforementioned
defendants; accused of being members of the Peruvian Communist Party -Shining Path- who use
terrorist methods for attaining their objectives ...
The same order required DINCOTE to remit the documents, police statements, and
attachments to the aforementioned police report, including the statements by Ms. María
Elena Loayza-Tamayo, the notification of her arrest, her civil record, the official
documentation concerning her domicile, and the documents seized there.
76.
The Court deems that in the instant case, Ms. María Elena Loayza-Tamayo was
acquitted of the crime of treason in the military jurisdiction, not only because of the
technical acceptation of the word "acquittal," but also because the military court, instead of
declaring itself to lack jurisdiction, took cognizance of the facts, circumstances and evidence