“They are not part of a terrorist organization.”

The Office of the Special Prosecutor for Human, Cultural Rights and the Crime of Terrorism decided not to pursue or formalize the investigation against 26 peasants who were detained at the headquarters of the Peruvian Peasant Federation in Lima and accused by Derkot of carrying machetes. Ski Masks and explosives to cause mayhem and violence during the “First Capture of Lima”. The decision confirms that the statements, police reports and documents issued by public institutions indicate that there are no elements of conviction linking them to acts of sabotage or terrorist organizations.

“The persons investigated are not part of a terrorist organization, therefore it has been established that there is no other element to determine their relationship with the mentioned body of the terrorist organization Sendero Luminoso”. This is what has been resolved prosecution After investigation for eight months Twenty-six peasants accused of belonging to a terrorist organization.

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What DIRCOTE said

on December 17 Anti-Terrorism Directorate (Dercot). National Police The aforementioned local Peruvian Peasant Federation, based in Lima, intervened and arrested twenty-six citizens who had come from the regions to protest against the government of Dina Bolarte, and to demand progress in the general elections. The then President of Dircot, General Oscar Arreola, indicated that he had received information that these people would be responsible for the excesses, destruction and fires during the mobilization. He also said they confiscated ski masks, bugs, and machetes that were used to generate violence. But those things looked new and unused, and even kept their labels intact.

Reasons for the prosecution to dismiss the case

Planning The supra-territorial criminal prosecutor specializes in human rights and intercultural interactionBy Assistant Regional Attorney Daniel Valentine, He points out that it is inappropriate to formalize or continue the preparatory investigation against the twenty-six peasants because they are “not part of an organization.” terroristIt was not intended to undermine the constitutional state, it did not use explosives or weapons to commit the crime, it did not cause, create or maintain a state of anxiety, and it was not conclusively proven that the persons investigated caused injuries or any violation of protected legal rights.

In this sense, the prosecution It asserts that the behavior of these men and women is “inappropriate, or amounts to or amounts to a crime.” terrorismIt also indicates that the criminal type requires the commission of a specific act and its direct association with a subversive organization to formalize the accusation, and in this case the slogan said “not noticed” and, accordingly, “the behavior is atypical.”

Case file 191 2022 | PDF

Case file 191 2022

On flags, megaphones, helmets, jackets, vinegar, jackets, stones, nails, ski masks, lighters, pennants, machetes, rubber slingshots, fleece huaraca, canvas jackets, bond papers with inscriptions and a CAT backpack allegedly found by dicote Among the property of the twenty-six peasants, which were presented to the press with great fanfare as irrefutable evidence against them, the decision indicates that “they do not fall within the means used as weapons and explosives.”

The decision, signed by Attorney General Daniel Valentine, also warns that when conducting a chemical examination of the aforementioned objects, “the chemical analysis gave negative results for nitrate substances; In this sense, it is wrong to classify the seized items as an ideal means of attributing the crime terrorism“.

On that december 17, the dicote He also stated in a major press conference that explosive materials were seized in the building. the prosecutionAs evidence, he obtained: three wires wrapped in a layer of gutta-percha and transparent masking tape in light blue, yellow and orange colors, a white wire about 6 meters long, three explosives, one red with the Famesa logo – Explosives – Booster HDP and the other two of no description, “plastic cup” Inside it had scraps of toilet paper and inside it was apparently wrapped in twelve pumpkin caps.”

The Public Prosecutor indicates that he was able to confirm that the mentioned materials were active and operational, but that “they cannot be attributed to the persons investigated, as it was established in the police report issued by the Specialized Police Unit – Derkot, that despite the investigations carried out and not It was not possible to determine the source of the explosives referred to, nor was it possible to collect any evidence linking any responsibility on the part of the persons investigated.

The document also indicates that elements of incrimination collected throughout the investigation, such as statements, police reports, and public institution documents, indicate that Twenty-six peasants “They had no motive or reason to influence the decisions of the public authorities, in order to achieve the ultimate political goal.”

Among other things, the Inter-American Commission on Human Rights has recommended that the Peruvian state stop the practice of “terruqueo”, which is particularly abusive to communities that have faced terrorism for many years and which increases the social division in the country. The tax decision closes the terrorism investigation against them, but who will give these 26 back their lost time and honor?

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