6
c)
d)
e)
Ashuy for the crime of “abuse of authority, violence and for disobeying
authority and against freedom of work” 12. By means of the resolution
of June 20, 1997, the Solicitor General’s Office decided “[Not to
accept] the criminal complaint filed”13;
On February 21, 1999, Mr. Javier Mujica Ruíz Huidrobo filed a criminal
complaint against Mr. Martin Naranjo Landerer for the crimes of “abuse
of authority and unjustified delay in the ordinary payment”14. By
means of the resolution of August 26, 1999, the Solicitor General’s
Office of Peru decided “[Not to accept] the criminal complaint filed
against Martin Naranjo Landerer”15;
On December 27, 2001, the Criminal Trial Court issued a decision in
relation to the complaints referred to above (supra Considering clause
12.a), and indicated that "the commission of the crime against the
Public Administration- Misappropriation of Funds and Embezzlement
and the criminal responsibility" of Mr. Luis Cortavarria Checkley and
Claudio Sarmiento Molina has not been proven. In addition, it pointed
out that “the defense based on statute of limitations for the crime
against the Public Administration - violence and disobeying the
authority- was uphold ex officio”16;
On June 12, 2003 the Primera Sala Penal de Procesos con Reos Libres
[First Criminal Court] of the Superior Court of Justice of Lima declared
"there are not grounds to bind Luis Cortavarria Checkley and Claudio
Sarmiento Molina over to trial for the crime against the Public
Administration –Embezzlement and Misappropriation of Funds- to the
detriment of, among other people, Javier Mujica Ruis Huidrobo, Carlos
Torres Benvenuto, Guillermo Alvarez Hernández and the State”. As
basis of said decision, the Superior Court of Justice of Lima indicated
that "from the analysis of the evidence furnished during the
preliminary proceedings, it spring that the charges brought against the
accused have disappeared upon the decision that they acted under the
terms of Decree-Law [N° 25.792] published in 'El Peruano’ official
gazette on [October 23, 1992], and it was also ruled out that they had
transferred the Pensions Funds to their private sphere or to third
parties or that they had appropriated the money to some purpose
other than the one it was intended to”17, and
12
Cf. criminal complaint filed before the on-duty Solicitor General on March 12, 1997 (record on
monitoring compliance, Volume IV, pages 1059 to 1105).
13
Cf. criminal complaint filed before the on-duty Solicitor General on June 30, 1997 (record on
monitoring compliance, Volume IV, page 1106).
14
Cf. criminal complaint filed before the on-duty Solicitor General on February 21, 1999 (record on
monitoring compliance, Volume IV, pages 1113 to 1117).
15
Cf. criminal complaint filed before the on-duty Solicitor General on August 26, 1999 (record on
monitoring compliance, Volume IV, page 1118 and 1124).
16
See “final reports" of case file N° 22-90 of December 27, 2001 (record on monitoring compliance,
volume IV; pages 1074 and 1093).
17
Cf. resolution issued by the Primera Sala Penal de Procesos con Reos Libres [First Criminal
Chamber] of the Superior Court of Justice of Lima on June 12, 2003 (record on monitoring compliance,
volume IV; pages 1094 and 1095).