Perpetrator: Telmo Hurtado HurtadoOchoa Lizarbe v. Hurtado
Major Telmo Hurtado Hurtado
Telmo Hurtado Hurtado is a citizen of Peru who, as of early 2009, is incarcerated at an immigration detention center in Miami, Florida.
In 1985, Hurtado was a Second Lieutenant (Subteniente) in the Peruvian Army. In August 1985, Hurtado served in the Lince Company of the Second Infantry Division in Ayacucho, Peru, where he commanded, Lince Company's 7th patrol unit: Lince 7. On August 14, 1985, Hurtado personally oversaw the Accomarca Massacre which killed 69 innocent civilians.
In 1993, Hurtado was tried and convicted by a Peruvian military council of abuses of authority and for making false statements. The charges were incidental to the Accomarca Massacre itself; Hurtado was never prosecuted for the massacre. And in any case, former President Alberto Fujimori passed an amnesty law which shielded all military personnel who had been involved in the counterinsurgency from prosecution. Hurtado was able to live with impunity.
Following a historic decision by the Inter-American Court for Human Rights, which held that the amnesty law was in violation of international law, the Peruvian Supreme Court nullified the amnesty law in 2002. Shortly thereafter, Hurtado fled Peru for the United States, where he found safe haven in Miami Beach.
Hurtado was arrested for immigration fraud in 2007 by U.S. authorities. Separately, the Peruvian government sought to have Hurtado extradited to Peru to stand trial for his role in the Accomarca Massacre. While Hurtado’s extradition was granted by U.S. authorities on June 16, 2009, he remained in immigration detention for the next two years. During that period, CJA worked with Peruvian and U.S. authorities to help ensure the extradition and a successful criminal prosecution of Hurtado on human rights charges. Hurtado was finally extradited to Peru on July 15, 2011, marking the first time that a CJA defendant was extradited to face trial for human rights crimes.
The Accomarca Massacre trial in Peru started in November 2010 and is ongoing. On January 19, 2012, Hurtado testified in the criminal case in Peru for the first time and initially denied any wrongdoing. In a complete turn around, during his testimony on April 9, 2012, Hurtado confessed that he was responsible for the killing of 31 villagers. He also testified for the first time that he was ordered to cover up the military High Command’s role in the Accomarca Massacre. A decision on the first part of the trial is expected in the fall of 2012.