disappearance, abduction and subsequent murder of Jeremías Osorio Rivera. 154 On June 8, 1992,
the military Judge-Advocate considered it admissible to open an investigation against Lieutenant
Tello Delgado “for the offenses of abuse of authority and violation of personal liberty to the
detriment of the civilian Jeremías Osorio Rivera,” giving jurisdiction to the competent military court
and indicating that a dispute of competence be filed before the Cajatambo Investigating Judge. 155
On June 11, 1992, the Permanent War Council of the Army’s Second Judicial Zone opened a
criminal investigation against Lieutenant Tello Delgado for the offenses of abuse of authority and
violation of personal liberty, giving jurisdiction to the Third Permanent Military Court of Lima so
that it could file the dispute on competence with the ordinary jurisdiction. 156
86.
On October 5, 1992, the Third Permanent Military Court began to consider the case and
ordered that measures be taken to clarify the events that had been denounced. 157 On November
25, 1992, file No. 24-91 was forwarded so that it could be joined with file No. 859-92. 158 On June
4, 1993, a preliminary statement was taken from Lieutenant Tello Delgado, 159 and on July 2, 1993,
the testimonial statement of Porfirio Osorio Rivera. 160
87.
On November 30, 1993, the Third Permanent Military Court of Lima issued a Final Report
indicating that, with regard to Lieutenant Tello Delgado, no responsibility had been proved in
relation to the offenses of abuse of authority or deprivation of liberty with regard to Jeremías
Osorio Rivera, because he had acted in keeping with his functions in an emergency zone. 161
88.
On February 2, 1994, in a report of the Judge-Advocate of the Army’s Second Judicial Zone,
additional measures were requested and the expansion of the time frame for the investigation. 162
On February 7, 1994, the Permanent War Council expanded the investigation period by 30 days in
order to take measures to get a better idea of what had happened. 163 Among the measures
requested was the expansion of the preliminary statement of Lieutenant Tello Delgado, which took
place on May 23, 1994; in it, he stated that Lieutenant Colonel Roncal Vargas was responsible for
investigating Jeremías Osorio Rivera, since the latter was his commanding officer. 164 Consequently,
154
Cf. Note No. 437 18ª DB/A-5/21.00 of June 13, 1991 (evidence file, volume X, annex 52 to the State’s answering
brief, folio 4910).
155
Cf. Opinion of the military Judge-Advocate of June 8, 1992 (evidence file, volume X, annex 53 to the State’s
answering brief, folio 4912).
156
Cf. Decision of the Permanent War Council of the Army’s Second Judicial Zone of June 11, 1992 (evidence file,
volume X, annex 54 to the State’s answering brief, folio 4914).
157
Cf. Order issued by the Third Permanent Military Court of October 5, 1992 (evidence file, volume X, annex 55 to
the State’s answering brief, folio 4916).
158
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).
159
Cf. Preliminary statement made by Juan Carlos César Tello Delgado on June 4, 1993 (evidence file, volume IV,
annex 63 to the submission of the case, folios 1869 to 1871).
160
Cf. Testimonial statement made by Porfirio Osorio Rivera on July 2, 1993 (evidence file, volume IV, annex 62 to
the submission of the case, folios 1865to 1867).
161
Cf. Final Report No. O19-93/3erJMPL-2deZJE issued by the Third Permanent Military Court on November 30, 1993
(evidence file, volume X, annex 57 to the State’s answering brief, folios 4920 and 4921).
162
Cf. Report No. 108-94 of the Judge-Advocate of February 2, 1994 (evidence file, volume X, annex 58 to the State’s
answering brief, folio 4924).
163
Cf. Decision of the Permanent War Council of February 7, 1994 (evidence file, volume X, annex 59 to the State’s
answering brief, folio 4926).
164
Cf. Expansion of the preliminary statement made by Juan Carlos César Tello Delgado before the Third Permanent
Military Court on May 23, 1994 (evidence file, volume IV, annex 68 to the submission of the case, folios 1882 and 1883).
33
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