skeleton, human tissue, remains of hair and clothing), together with empty cartridges, spent
bullets, and traces of quicklime.
13. The petitioner claims that from the evidence gathered by the public prosecutor it could be
concluded, in brief, that the remains found at Cieneguilla and at Km. 1.5 of the Ramiro Priale
highway belonged to at least three of the victims, the students Luis Enrique Ortiz Perea,
Armando Amaro Condor, and Juan Gabriel Mariños Figueroa. It was also firmly established that
one of the bodies found in Cieneguilla was that of Bertila Lozano Torres, according to evidence
given by dental technician, Juan Miguel Vásquez Tello. Evidence given by family members
regarding remnants of clothing found also determined that some of the remains at Cieneguilla
belonged to the students, Robert Teodoro Espinoza and Heráclides Pablo Meza. Likewise, it was
established that some of the Cieneguilla remains belonged to Prof. Hugo Muñoz Sánchez.
14. On August 20, 1992, according to the petitioner, relatives of the victims began a number
ofhabeas corpus proceedings, which were declared inadmissible. The Department of Public
Prosecutions, through the eighth provincial public prosecutor in Lima, conducted no further
investigations and refused to try the case in August 1993.
15. The petitioner states that on April 2, 1993, Congressman Henry Pease García announced
that he had received a complaint from elements within the army. It gave a detailed report on
the murder of the students in question and identified ranking army and intelligence service
officials as the perpetrators of the incident. As a result, the Democratic Constituent Congress
had to set up a commission to investigate the case.
16. The petitioner reports that on May 6, 1993, Lt. Gen. Rodolfo Robles Espinoza, the army’s
third highest-ranking officer, published a document denouncing human rights violations by the
National Intelligence Service and the Commander General of the army, specifically referring to
the killings of the La Cantuta University students. After making these charges, he was removed
from duty, tried, and subjected to death threats; as a result, he was forced to seek political
asylum in Argentina.
17. According to the petitioner, in May 1993, almost 10 months after the incident, the military
justice system decided to intervene; it opened an investigation, clearly attempting to bring the
case into its jurisdiction and to prevent ranking officers implicated in the case from being
investigated either by the congressional commission or, depending on how the probe
developed, by civilian justice.
18. The petitioner reports that at the same time as this, in July 1993, after the Cieneguilla
bodies were found, a special public prosecutor was appointed to conduct the pertinent
investigations. On December 18, 1993, Special Prosecutor Víctor Cubas Villanueva presented
the 16th Criminal Court in Lima with criminal charges against several officers of the Peruvian
army in connection with the La Cantuta massacre of July 18, 1992. These charges were filed in
spite of the strong pressure and anonymous threats exerted against the special prosecutor.
19. As of this point, alleges the petitioner, the soldiers involved were facing proceedings under
both civilian and military law, and so a conflict of jurisdiction was likely. Thus, on December
17, 1993, General Narco Antonio Rodríguez Huerta, the examining military judge, submitted
the jurisdictional challenge to Criminal Judge Carlo Nagno Chacon. The challenge held that
military justice was investigating the La Cantuta incident, that the soldiers in question were
under military jurisdiction, and that the civilian courts should refrain from dealing with the
case. The following week, the aforesaid criminal judge referred the jurisdictional challenge to
the Supreme Court of the Republic.
20. The petitioner states that the case documents were referred to the Court’s Criminal
Division, along with the prosecutor’s ruling and the criminal judge’s report, which both agreed
that the soldiers involved should be tried in civilian courts because the crimes were common
crimes of civilian jurisdiction and because civilian justice could offer the necessary guarantees
for a serious, unbiased investigation of the facts. On February 3, 1994, after hearing the
parties’ arguments, the Court’s five-member Criminal Division declared that it was unable to
reach a decision on the jurisdiction under which the soldiers charged with abducting and
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