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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