-1441. During the month of August 1944, the DININCRI took the statements of witnesses to the incident;35 specifically from J.C.A.L.,36 from Sgt. Evangelista Pinedo,37 and from Mr. Bejarano Laura.38 The police investigation concluded that Sgt. Evangelista Pinedo was the perpetrator of a double homicide and injuries by gunshots, to the detriment of Ms. Tarazona Arrieta, Ms. Pérez Chávez and Mr. Bejarano Laura.39 42. On November 2, 1994, the Provincial Prosecutor filed criminal charges with the 27th Criminal Court of Lima (hereinafter “Criminal Court”) against Sgt. Evangelista Pinedo for the crime of homicide “to the detriment of Zulema Tarazona Arrieta and Norma Teresa Pérez Chávez" and for that of injuries to the detriment of Mr. Bejarano Laura.40 43. On November 24, 1994, the Military Court asked the Criminal Court to recuse itself from hearing the case due to the trial in the Military Court on the grounds that the offense had been committed when the accused was part of an operations patrol under orders of a superior. In answer to a prior request, it was informed that committal proceedings had been opened on August 31, 1994 against Sgt. Evangelista Pinedo and that the Military Court had ordered the arrest of the accused on September 13, 1994 and that he was in custody at the Rimac Military Prison.41 44. On December 12, 1995, more than a year after the request of recusal and after the case had been archived in the military and in the ordinary jurisdiction (infra paras. 48 et seq.), the Criminal Court found the request without grounds since there was nothing in the file that would underpin the substance of the request and because the act that was the subject of the committal proceedings had been characterized as homicide.42 45. On November 25, 1994, the Criminal Court opened committal proceedings against Sgt. Evangelista Pinedo, as had been requested by the Office of the Attorney General, and ordered that the statement of the accused be received and that he be arrested and diverse procedures be pursued.43 46. On January 10, 1995, Santiago Pérez Vera, father of Ms. Pérez Chávez, and Víctor Tarazona Hinostroza, father of Ms. Tarazona Arrieta, filed briefs requesting that they be Statement of V.M.T.A. of August 10, 1994 (evidence file, folios 123 to 125); Statement of M.A.S.R. of August 10, 1994 (evidence file, folios 126 to 128); Statement of J.L.B.P. of August 1994 (evidence file, folios 129 to 131); Statement of G.R.A. of August 10, 1994 to the Instructor C.O.A.S., Capitain of the National Police of Peru (evidence file, folios 132 to 134); Report N° 232-AP-07-DV (evidence file, folios 2934 to 2937). 35 Cf. Police certification N° 450-IC-H-DDCV (evidence file, folios 85 to 105); Statement of J.C.A.L. of August 17, 1994 to C.O.A.S., Capitain of the PNP and Dr. F.C.R., Deputy Prosecutor to the 27th FPPL (evidence file, folios 135 to 139). 36 Cf. Statement of Sgt. 2nd Class Evangelista Pinedo of August 17, 1994 to C.O.A.S., Captain of the PNP and Dr. F.C.R., Deputy Prosecutor to the 27th FPPL (evidence file, folios 140 to 143). Antonio Mauricio Evangelista Pinedo had already given testimony to the Investigator Guevara Montoya on August 10, 1994 (evidence file, folios 173 to 175). 37 Cf. Statement of Mr. Bejarano Laura to C.O.A.S., Captain of the PNP, of August 19, 1994 (evidence file, folios 144 to 146). 38 39 Cf. Police certificate N° 450-IC-H-DDCV (evidence file, folios 85 to 105). Cfr. Complaint N° 455-94 addressed to the Criminal Judge, dated November 2, 1994 (evidence file, folios 155 to 158 and 2945 to 2946). 40 Cf. Written communication N° 2332-94/3er.JMP-2da.ZJE of the Third Permanent Court of the Second Zone of the Army addressed to the Provincial Criminal Judge of the 27th Criminal Court of Lima, dated November 24, 1994 (evidence file, folios 184 to 185). 41 Cf. Brief of December 12, 1995; Criminal Court Judge and Alejandro Huaman García, Secretary, of the 27th Criminal Court of Lima (evidence file, folios 186 and 187). 42 43 Cf. Communication of November 25, 1994 (evidence file, folios 163 to 165).