disappearance of Jeremías Osorio Rivera. 124 On May 17, 1991, he expanded the said complaint to
include the offenses of abduction and subsequent murder. 125
78.
On May 24, 1991, the Provincial Prosecution Service for Civil and Criminal Matters decided
to forward Porfirio Osorio Rivera’s complaint to the military jurisdiction, because the accused was a
Peruvian Army officer on active duty at the time of the facts. 126 Porfirio Osorio Rivera filed an
appeal against this decision on May 28, 1991, 127 which was decided favorably on June 20, 1991,
ordering that the investigations be continued in the ordinary jurisdiction. 128
79.
On June 28, 1991, the criminal complaint against “Andrés López Cárdenas” (apocryphal
name of Juan Carlos César Tello Delgado) was formalized for the offenses of the violation of
personal liberty and subsequent murder of Jeremías Osorio Rivera. 129 The Cajatambo Investigating
Court, in a ruling of July 10, 1991, decided to open the preliminary investigation only for the
offense of the violation of the personal liberty of Jeremías Osorio Rivera and ordered the reception
of the testimony of the complainant, the statement of the accused, and the testimonial statements
of Gudmer Tulio Zárate Osorio and others who could contribute to the investigation, as well as the
reconstruction of the events. 130 The order to open the preliminary investigation also decided that
the murder complaint should be returned to the prosecutor so that the latter could investigate this
further, because no explanation had been provided as to “the way this crime had been committed
and, in particular, the body, as evidence.” 131 The prosecutor appealed this ruling on July 16,
1991. 132
80.
On August 13, 1991, Porfirio Osorio Rivera submitted a brief to the Cajatambo Investigating
Court requesting an on-site inspection of the place where his brother had been detained in
Nunumia, and the confrontation between the accused and the testimony of several witnesses of the
events. 133 On August 26, 1991, the Cajatambo Investigating Court ordered that these measures be
taken and established dates for implementing them. 134 In a decision of September 23, 1991, the
Provincial Prosecution Service for Civil and Criminal Matters requested a special time frame of 30
124
Cf. Criminal complaint of May 7, 1991, presented on May 9, 1991, before the Cajatambo Provincial Prosecution
Service (evidence file, volume IX, annex 32 to the State’s answering brief, folios 4859 and 4860).
125
Cf. Expansion of the complaint on May 17, 1991 (evidence file, volume IX, annex 33 to the State’s answering brief,
folio 4862).
126
Cf. Ruling issued by the Provincial Prosecution Service for Civil and Criminal Matters on May 24, 1991 (evidence
file, volume IX, annex 34 to the State’s answering brief, folio 4864).
127
Cf. Remedy of complaint of May 27, 1991, addressed to the Cajatambo Provincial Prosecutor and presented on May
28, 1991 (evidence file, volume IV, annex 40 to the submission of the case, folio 1814).
128
Cf. Ruling issued by the Superior Prosecutor, Dean of the Judicial District of Callao on June 20, 1991 (evidence file,
volume IX, annex 35 to the State’s answering brief, folio 4866).
129
Cf. Complaint No. 23-91-MP-FPMC of June 28, 1991, filed before the Cajatambo Investigating Judge by the
Cajatambo Provincial Prosecutor (evidence file, volume IX, annex 36 to the State’s answering brief, folios 4868 and 4869).
130
Cf. Order to open the preliminary investigation issued by the Court for Civil and Criminal Matters of Cajatambo on
July 10, 1991 (evidence file, volume X, annex 37 to the State’s answering brief, folios 4871 and 4872).
131
Order to open the preliminary investigation issued by the Court for Civil and Criminal Matters of Cajatambo on July
10, 1991 (evidence file, volume X, annex 37 to the State’s answering brief, folios 4871 and 4872).
132
Cf. Appeal filed by the Cajatambo Provincial Prosecutor on July 16, 1991 (evidence file, volume X, annex 37 to the
State’s answering brief, folio 4872).
133
Cf. Brief of August 13, 1991, presented by Porfirio Osorio Rivera to the Cajatambo Investigating Judge (evidence
file, volume VII, annex 17 to the brief with motions, arguments and evidence, folio 3639).
134
Cf. Order issued by the Cajatambo Investigating Judge on August 16, 1991 (evidence file, volume X, annex 38 to
the State’s answering brief, folio 4874).
30
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