149.
As part of the criminal proceedings with the National Criminal Chamber against various
persons (case file No. 123-2010-0-JR) for the crimes against life, body, and health, under the category of
aggravated homicide, and the crime against personal liberty, under the category of aggravated kidnapping, to
the detriment of Cory Clodolia Tenicela Tello and others, Ruling 96-2013-1FSPN-MP-FN was issued by the
First Superior Criminal Prosecution Service on September 3, 2013 149. This ruling indicates the following:
Between 1989 and 1993, the department of Junín became one of the areas that was hit the
hardest by the internal war, and the National University of the Center of Peru (Universidad
Nacional del Centro del Perú—UNCP), in Huancayo, was the stage for the struggle between
the forces of law and order and the OT-SL […]; in response, the armed forces implemented a
strategy that gave priority to violence, consisting of detentions, kidnappings, and killings of
students, teachers, and staff of the University suspected of belonging to terrorist
organizations.150
150.
The ruling also points out:
The incidents that were the target of investigation took place on the basis of the same modus
operandi, which consisted of selecting the victim based on intelligence reports, his/her
detention in public on the streets or after breaking into his/her home, his/her internment in
a place of confinement where he/she was subjected to interrogation using torture, the
refusal to provide information about the detention or whereabouts of the victims; in some
cases this led to their disappearance and in other cases to their extrajudicial execution. In
addition, these illegal actions were systematic between the years 1989 and 1993 because the
victims, who were students, teachers, and staff of the UNCP, were viewed as members of
terrorist organizations; as a result, the incidents that are the target of the prosecution’s
investigation constitute crimes against humanity.
Furthermore, it is important to take into consideration that, during the preliminary
investigation and inquiry, it has not been possible to obtain any information about the
identity of all of the staff that belonged to [illegible] from 1989 to 1993 that would make it
possible to determine the responsibility of the direct perpetrators, because of the Ministry of
Defense’s refusal to provide said information […]; all of this obstructs total clarification of
the facts and contributes to making the preliminary inquiry complicated. 151
151.
The ruling holds the Commander of the 31st Division of the Peruvian Army, during the
period running from January 1991 to December 1992, and the Chief of the Civic Action Base at the UNCP,
during the period running from February 1992 to February 1992, responsible for being the “perpetrators-bymeans [indirect co-perpetrators] of the following illegal actions:” 152
[…]
On October 2, 1992, at 17:00, Cory Clodolia Tenicela Tello, student of the School of Chemical
Engineering, left her home at 1487 Jr. Moquegua in the district of Tambo, and when she was
[… continuation]
http://www.cverdad.org.pe/ifinal/pdf/Tomo%20-%20ANEXOS/PDFSAnexo4/ListaMuertosyDesaparecidos.pdf
149
Annex 65. Communication from the state. Note No. 7-5-M/423, December 11, 2013
Annex 66. Communication from the state. Note No. 7-5-M/423, December 11, 2013. Ruling 96-2013-1FSPN-MP-FN of the
First Superior Criminal Prosecution Service of September 3, 2013, page 1.
150
151 Annex 66. Communication from the state. Note No. 7-5-M/423, December 11, 2013. Ruling 96-2013-1FSPN-MP-FN of the
First Superior Criminal Prosecution Service of September 3, 2013, page 21.
152 Annex 66. Communication from the state. Note No. 7-5-M/423, December 11, 2013. Ruling 96-2013-1FSPN-MP-FN of the
First Superior Criminal Prosecution Service of September 3, 2013, page 8.