-13with Sergeant Second-Class Evangelista Pinedo Antonio, for disobeying orders and negligence
leading to the deaths of two civilians.” 28
37.
With regard to the actions of the patrol after learning of the incident, the Motorized
Battalion informed the Brigadier of the First DIFFE regarding: 1) the personal and immediate
presence at the scene of the incident and then at the Ate-Vitarte police station; 2) the entire
patrol with weapons and equipment was sent to the PNP’s homicide division on August 10 for
the pertinent ballistic testing; 3) upon identification by the homicide division of Sgt.
Evangelista Pinedo, he was immediately detained; 4) contact was made with the families of
the deceased and the funeral expenses were paid; 5) a lieutenant was appointed to purchase
a perpetual niche in the Chosica cementery, in accordance with the request made by the next
of kin, and 6) a captain was appointed to visit the injured victim, Mr. Bejarano Laura, at the
Vitarte Hospital and to resolve his immediate needs.29
38.
On August 10, 1994, the military authorities took the testimony of Sgt. Evangelista
Pinedo in which he admitted that he was responsible for the incident.30 The same day, the
Commanding Officer of the First DIFFE sent charges to the President of the Permanent CourtMartial of the Army’s Second Judicial District remanding Sgt. Evangelista Pinedo to him "for
the alleged crime of negligent homicide” and informed that he was proceeding to hand over
the weapon involved in the incident.31
39.
On August 12, 1994, the National Coordinator of Human Rights (hereinafter
“CNDDHH”) presented a complaint to the Office of the Attorney General for the killing, injuring
and abandonment of Ms. Tarazona Arrieta and Ms. Pérez Chávez, as well as to the detriment
of other unidentified persons.32 On August 25, 1994, the Deputy Attorney General, in charge
of the General Secretariat of the Office of the Attorney General, forwarded the CNDDHH’s
complaint to the Provincial Prosecutor.33
40.
On August 31, 1994, the Permanent Court-Martial (hereinafter “Court-Martial”) opened
committal proceedings against Sgt. Evangelista Pinedo "for the commission of the crimes of
negligent homicide with respect to Zulema Tarazona Arrieta and Norma Pérez Chávez and the
negligent injuries with respect to [Luís] Bejarano Laura" and established the jurisdiction of
the Third Permanent Military Court of Lima (hereinafter “Military Court”) and ordered the
Investigating Judge to discuss the competing jurisdiction with the ordinary court “since there
are open proceedings in that court for these same acts."34
Communication N° 005/MBM/BIM 40 sent to Brigadier General Commander of the First DIFFE Las Palmas of
August 10, 1994 (evidence file, folio 170 to 173).
28
Cf. An examination of the evidence shows some complementary procedures; namely: “a. Personal and
immediate presence of the undersigned and of the Captain of Cap S-2 of the Infantry Unit, Guevara Montoya Alfredo,
at the site of the incident and later in the Police Delegation of Ate-Vitarte, where they were able to learn that the
deceased individuals were Tarazona Arrieta Zulema and Perez Chavez Norma and that the injured individual was
Bejarano Laura Alberto. b. At the request of the undersigned, in coordination with the PNP, sent an armed and
equiped patrol to the PNP Homicide Division at 4:00 am on August 10, 1994 for the relevant ballistic testing in order
to clarify the acts, ascertain who was responsible and not hide or erase evidence. c. The PC of the DIFFE and the
Brigadier General of the DIFFE were informed of the situation.”
29
30
Cf. Testimony of August 10, 1994 of Sgt. Evangelista Pinedo (evidence file, folios 173 to 175).
31
Cf. Decision N° 402 K-1/1ra Div FFEE/20.04 of August 10, 1994 (evidence file, folios 176 to 178).
Cf. Communication of the National Coordinator for Human Rights addressed to the Attorney General, dated
August 10, 1994 (evidence brief, folios 181 to 183).
32
Cf. Decision N° 4547-94-MP-SEGFIN of the Deputy Attorney General in charge of the Office of the Attorney
General, dated August 25, 1994 (evidence brief, folios 2943 to 2944).
33
Cf. Case 270-94. Brief of the President of the Permanent Court Martial of the 2nd. ZJE et al., dated August
31, 1994 (evidence file, folio 180).
34