Investigating Court decided to expand the criminal proceeding for the offense of enforced disappearance under article 323 of the Criminal Code. 145 83. On June 11, 1992, the Provincial Prosecution Service for Civil and Criminal Matters issued a ruling indicating that article 323 of the Criminal Code had had been revoked by article 22 of Decree Law No. 25,475 of May 5, 1992, which established the penalties for terrorism offenses and the procedures for the investigation, preliminary proceeding, and prosecution of such offenses. 146 Consequently, on June 12, 1992, the Cajatambo Investigating Court decided to archive the preliminary investigation for the offense of enforced disappearance definitively. 147 Also, on June 30, 1992, the Cajatambo Investigating Court reached the conclusion that it was not appropriate to open an investigation against Lieutenant Tello Delgado for the offense of murder, “since there was no evidence” and ordered that the investigations continue against those who might be responsible. 148 The Cajatambo Provincial Prosecutor filed an appeal against this decision. 149 84. Also, on June 11, 1992, the Permanent War Council of the Army’s Second Judicial Zone challenged the competence of the Cajatambo Investigating Court, in view of the fact that “the accused is an officer of the Peruvian Army and that the events occurred in the Emergency Zone as a result of his duties”; thus, they came under the “jurisdiction and competence of the military jurisdiction.” 150 On July 22, 1992, the Cajatambo Investigating Court disqualified itself from hearing the proceeding, owing to the dispute of competence that had been filed and because a parallel proceeding was underway against Lieutenant Tello Delgado in the Army’s Second Judicial Zone. 151 On November 25, 1992, file 24-91 was forwarded to be joined to the file opened in the military jurisdiction. 152 E.2. The criminal proceeding opened in the military jurisdiction (file No. 859-92) 85. On June 5, 1991, the Army’s 18th Armored Division issued a report in which it recommended that the complaint filed against Lieutenant Tello Delgado by the Provincial Prosecution Service for Civil and Criminal Matters be submitted to the consideration of the Army’s Second Judicial Zone. 153 On June 13, 1991, the complaint against Lieutenant Tello Delgado was filed before the Permanent War Council of the Second Judicial Zone for the presumed offense of the 145 Cf. Decision issued by the Judge of First Instance (standing in for the permanent judge who was on vacation) on March 6, 1992 (evidence file, volume X, annex 45 to the State’s answering brief, folio 4893). 146 Cf. Decree Law No. 25,475 of May 5, 1992 (evidence file, volume IV, annex 54 to the submission of the case, folios 1845 to 1848). 147 Cf. Decision issued by the Cajatambo Investigating Court on June 12, 1992 (evidence file, volume X, annex 46 to the State’s answering brief, folio 4895). 148 Cf. Decision issued by the Cajatambo Investigating Court on June 30, 1992 (evidence file, volume X, annex 47 to the State’s answering brief, folios 4897 and 4898). 149 Cf. Appeal filed by the Cajatambo Provincial Prosecutor on July 2, 1992 (evidence file, volume X, annex 48 to the State’s answering brief, folio 4900). 150 Note No. 619-92/sec/2daZJE of June 11, 1992 (evidence file, volume X, annex 49 to the State’s answering brief, folio 4902). 151 Cf. Decision issued by the Cajatambo Investigating Court on July 22, 1992 (evidence file, volume X, annex 50 to the State’s answering brief, folios 4904 and 4905). 152 Cf. Decision issued by the Permanent War Council of the Army’s Second Judicial Zone on November 25, 1992 (evidence file, volume X, annex 56 to the State’s answering brief, folio 4918). 153 Cf. Report No. 294AJ.18ava.DB issued by the Army’s 18th Armored Division on June 5, 1991 (evidence file, volume X, annex 51 to the State’s answering brief, folios 4907 and 4908). 32