21 iii) on August 13, 1986 the First Penal Hall of the Supreme Court declared "no nullity" in the judgment issued by the Correctional Tribunal that confirmed the verdict of June 27, 1986; iv) on October 28, 1986 the Constitutional Guarantees Tribunal “declared that the Supreme Court of Justice decision unchanged, and that the right of the plaintiff to restate the action was prevailing"; 31 q. Supreme Orders No. 012-86-IN of June 2, 1986, wherein the State of Emergency was "extended in the province of Lima and in the Constitutional Province of Callao [and decreed internal order" under the control of the Armed Forces] in said provinces, and No. 006-86 JUS of June 19, 1986, wherein it was declared restricted military zone under the jurisdiction and competence of the Joint Command of the Armed Forces in the Penitentiary facilities of "San Juan Bautista" (former El Frontón), "San Pedro" (former Lurigancho), and “Santa Bárbara” of Callao while the state of emergency is in force by means of Supreme Order No. 012-86-IN of June 2, 1986. they did not suspend the habeas corpus recourse explicitly, but it was inefficient due to a prohibition stating that civil judges were not allowed to enter the prisons because they were restricted military zones; and because stipulations prevented the investigation and determination of the whereabouts of the people who benefited from the filed recourse 32 ; r. Nolberto Durand Ugarte and Gabriel Ugarte Rivera were exempted from any responsibility and ordered to set free. However, such an order was void at that moment because those persons were already missing, a situation that still continues to the present time. 33 IX PREVIOUS CONSIDERATIONS ON THE MERITS 60. In its final arguments the State declared that the Commission and the Court made an "evident mistake" for not having gathered the present proceedings in Neira Alegría et al Case (No. 10.078), which determines that "the first one to qualify, prejudges on another case because of similar facts". So, "[t]his pre-judgment 31 cf. Judgment of June 27, 1986 issued by the First Instruction Judicial Court of Callao; Judgment of July 15, 1986 issued by the First Correctional Tribunal of Callao; Judgment of August 13, 1986 issued by the First Penal Hall of the Supreme Court; and Pronouncement of October 28, 1986 issued by the Guarantees Constitutional Tribunal. 32 cf. Supreme Order No. 012-86-IN and Supreme Order No. 006-86-JUS of 2 and 19 June, 1986, respectively, testimony of Ricardo Aurelio Chumbes Paz before the Court in Neira Alegría et al Case; Majority opinion by the Investigating Commission of the Congress Peru, regarding the events on June 18 and 19, 1986, at Lurigancho, El Frontón, and Santa Bárbara prisons. Lima, December, 1987, pp. 144 to 150; and Minority opinion by the Commission of the Congress of Peru, regarding the events on June 18 and 19, 1986; at Lurigancho, El Frontón, and Santa Bárbara prisons. Lima, December, 1987, pp. 165 to 170. 33 cf. Article entitled 'Tribunal orders 'freedom' to 3 defendants who died at El Frontón”,published in 'La Republica” newspaper on Friday, July 31,1987; testimony of Virginia Ugarte Rivera before the Court on September 20, 1999; and notices No. 544.98. INPE-CR-P from the Ministry of Justice and No. 635.98.INPE-CR-P from the Ministry of Justice, of September 18, 1998 and October 31, 1998, respectively.