-11C. Evaluation of the evidence
28.
Based on the provisions of Articles 46, 47, 48, 50, 51, 52 and 57 of the Rules, as well
as its consistent case law in matters of evidence and its assessment, the Court will examine
and evaluate the documentary evidence provided at the proper procedural moment by the
parties and by the Commission, the notarized statements and opinions and those given at the
public hearing. All were subject to sound judicial discretion within the relevant legal
framework, taking into consideration the totality of the evidentiary file and the allegations in
the case.16 In addition, the statement of the alleged victim shall be assessed as part of the
evidence to the extent that it provides additional information on the alleged violations and
their consequences.17
VII.
FACTS
29.
This chapter covers the following facts: a) the deaths of Ms. Tarazona Arrieta and Ms.
Pérez Chávez and the injuries suffered by Mr. Bejarano Laura; b) the investigation into the
facts of the case (August 9, 1994 to May 22, 1995); c) the sending of the case to the archive
(June 14, 1995 to September 11, 2003); d) the removal of the file of the case from the archive
(April 19, 2001 to January 21, 2003); e) the trial and conviction of Antonio Mauricio
Evangelista Pinedo (hereinafter “Sgt. Evangelista Pinedo”) (January 21, 2003 to July 23,
2008) and f) the serving of the sentence and the reparations to the alleged victims (July 23,
2008 to January 6, 2011).
A. The deaths of Ms. Tarazona Arrieta and Ms. Pérez Chávez and the injuries
suffered by Mr. Bejarano Laura
30.
On August 9, 1994, around 8:40 pm, a military patrol comprised of 15 soldiers
belonging to the 40th Motorized Infantry Battalion of “La Pólvora” fortress -El Agostino
barracks- was conducting security operations in a military vehicle on different streets of the
Ate Vitarte district of Lima.18
31.
Due to the alleged presence of a group of suspicious persons at the bus stop “La
Esperanza,” the head of the military patrol decided to inspect the zone on foot, dividing 14
members of the patrol into seven groups of two persons, in order to question the pedestrians
who were in the area and inspect their identification documents. Sergeant 2nd Class
Evangelista Pinedo, 18 years of age and with 18 months of military service, and Corporal
J.C.A.L. made up one of the patrol groups.19 A small bus on the Lima-Chosica route stopped
at “La Esperanza.” As the bus continued its route, Sgt. Evangelista Pinedo and J.C.A.L. went
Cf. Case of the White Panel Truck (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8,
1998. Series C No. 37 para. 76 and Case of the Landaeta Mejías Brothers et al. v. Venezuela, para. 31.
16
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 22, para. 43
and Landaeta Mejías Brothers et al. v. Venezuela, para. 39.
17
Cf. Judgment of the National Criminal Chamber in case file N° 13-06 of July 23, 2008 (evidence file, folio
58) and Opinion N° 12-2006-4 FSPN-MP/FN of the Fourth National Superior Criminal Prosecutor of July 14, 2006
(evidence file, folios 76 to 81).
18
19
Cf. Opinion N° 12-2006-4 FSPN-MP/FN (evidence file, folios 76 to 81).