7 - - - - To acquit Lieutenant Javier Bendezú Vargas of the crimes of aggravated homicide and other offenses, and to convict him of the offense of abuse of authority, with the aggravating factor of misrepresentation, to the detriment of the civilians who died in the military operation; To acquit Noncommissioned Officer, Second Class, Fidel Eusebio Huaytalla and sentence him to 10 months’ imprisonment and the payment of 200 nuevos soles in civil reparation to the State for the crime of disobedience; To acquit Noncommissioned Officer, Third Class, Dulio Chipana Tarqui of the crimes of extortion and disobedience and to sentence him to eight months’ imprisonment for crimes against duty and conduct unbecoming; To acquit Sergeant, First Class, Oscar Carrera Gonzáles; Sergeant, Second Class, Dennis Pacheco; Sergeant, Second Class, Dennis Pacheco Zambrano; and Corporal Simón Breña Palante, and order their immediate release. 37. The petitioners informed the Commission that on February 10, 1993, the Supreme Council of Military Justice issued its final decision in which it confirmed the judgment at first instance and sentenced Lieutenant Bendezú to 10 years’ imprisonment as the person responsible for of the crime of abuse of authority in the perpetration of the massacre. 38. The petitioners argue that a military tribunal is not the suitable jurisdiction for trying and punishing human rights violations committed by members of the State security forces, as it is a special jurisdiction with authority to decide on offenses committed in the line of duty, such as insubordination, desertion, cowardice, among others. The petitioners hold that almost all of the subordinates who took part directly in the massacre were acquitted; two soldiers received risible penalties; Lieutenant Bendezú, the chief culprit, was absolved of the crime of aggravated homicide and only sentenced, for abuse of authority, to 10 years imprisonment; and that the outcome of the proceedings was a clear reflection of the bias of the military judges in passing judgment. The Ordinary Courts 39. The petitioners say that in spite of all the charges brought by the members of the community of Santa Barbara in connection with the facts in the case, as well as the investigation opened by the Office of the Special Prosecutor for Crime Prevention, by November 28, 1991, a criminal trial had still not opened in the ordinary courts. Accordingly, on November 29, 1991, Mr. Zósimo Hilario Quispe filed a complaint with the Office of the Huancavelica Mixed Prosecutor against Javier Bendezú Vargas, Fidel Ausebio Hayta, Oscar Carrera Gonzáles, Carlos Padro Chinchay, and Dennis Pacheco, for crimes against life (aggravated homicide), property, personal liberty, and other offenses, to the detriment of 14 community members and their next-of-kin. The petitioners say that, together with Máximo Pérez Torres, a Santa Barbara community member, they petitioned the Prosecutor General of the Nation in written communications dated December 4, 1991 and January 10, 1992, to instruct the Huancavelica Mixed Provincial Prosecutor's Office to present the complaint. 40. The petitioners say that on February 20, 1992, the military court filed a motion disputing the jurisdiction of the Huancavelica lower court so that the latter might disqualify itself from hearing the case. They say that the Huancavelica lower court declared the motion unfounded and referred the incidental proceeding to the Correctional Tribunal, which, in turn, referred it to the Supreme Court of Justice of the Republic. The latter issued its ruling in June 1993, finding that the ordinary courts were the appropriate jurisdiction to investigate and try the alleged offenses. 41. The petitioners say that on February 26, 1992, another proceeding was brought in the ordinary jurisdiction (Huancavelica Lower Court) against the same military personnel and based on the same facts, on the charges of genocide, offenses against the administration of justice, larceny, and rape. They say that on January 12, 1993, the defendants were declared in default as fugitives justice.