-15considered civil complainants in the criminal proceedings initiated for the deaths of their
daughters,44 requests that were accepted by the Criminal Court on January 10 and 11,
respectively.45 On January 25, 1995, Mr. Pérez Vera requested that the Criminal Court reissue
the arrest warrant against the accused in order that he be placed at the order of the Court.
He also requested that the summons regarding A.V.C. be repeated in order that he appear to
testify before the Court.46
47.
On April 25, 1995, the Provincial Prosecutor requested the Criminal Judge to grant an
extension of 30 days in order to carry out a series of procedures and proposed, inter alia, that
the judge receive the statement of the accused and that he insist on the appearance of the
soldiers who served in the BIM.47 On May 2, 1995, the Criminal Judge extended the period of
the requested committal proceedings in order to pursue a series of procedures.48 In addition,
on May 22, 1995, the defense of the family members of the alleged victims requested that
the Criminal Court receive the statements of the passengers of the bus; namely, G.R.A.C.,
M.A.S.R., chauffeur and conductor of the bus, respectively, and Mr. Bejarano Laura.49
C. The sending of the case to the archive (June 14, 1995 to September 11, 2003)
48.
On June 14, 1995, the Peruvian Congress enacted Law N° 26.479 that granted
amnesty to military and police personnel and civilians involved in any act arising from or
occurring as a consequence of the fight against terrorism and that might have been committed
individually or as a group from May 1980 until the date of the enactment of the law.50
49.
Article 4 of that law established that the ordinary and military jurisdictions and the
judicial and executive branches should proceed to annul the police, judicial and criminal
records of those who have been amnestied by the law, as well as to leave without effect any
measure that restricts freedom and to release from jail those amnestied who had been
arrested, detained, imprisoned or preventively detained, not including administrative
measures.51 Article 6 ordered the definitive closure of all judicial proceedings, whether cases
Cf. Request of Mr. Pérez Vera to be a civil complainant, dated January 10, 1995 (evidence file, folios 147 to
148) and that of Mr. Tarazona Hinostroza to be a civil complainant, dated January 10, 1995 (evidence file, folios 149
to 150).
44
Cf. Order of the Criminal Judge of January 10, 1995 (evidence file, folios 2956 to 2957) and Order of the
Criminal Judge of January 11, 1995 (evidence file, folios 2958 to 2959).
45
Cf. Request of Mr. Perez Vera to the 27th Criminal Court of Lima of January 25, 1995 (evidence file, folios
2540 to 2541).
46
Cf. Communication addressed to the Criminal Judge of April 25, 1995 in file N° 431-94, Provincial Prosecutor
of the 27th Provincial Criminal Prosecutor of Lima (evidence file, folios 168 to 169).
47
Cf. Communication of May 2, 1995, Criminal Judge and Edward Díaz Tantalean, Secretary of the 27th
Criminal Court of Lima (evidence file, folios 188 to 189).
48
Cf. Complaint of Mr. Tarazona Hinostroza and APRODEH to the 27th Criminal Court of Lima of May 22, 1995
(evidence file, folios 2542 to 2543).
49
Cf. Law N° 26.479 of June 14, 1995 that grants a general amnesty to military and police personnel and
civilians for diverse cases. Article 1 states that “A general amnesty is granted to military and police personnel and
civilians, regardless of the corresponding military, police or functional situation, who is denounced, investigated,
indicted, tried or convicted for common or military crimes in the ordinary or military jurisdictions for any act arising
from or occurring as a consequence of the fight against terrorism and that might have been committed individually
or as a group from May 1980 until the date of the enactment of the present Law.”
50
Cf. Law N° 26.479, Article 4: “The ordinary and military courts and judicial and executive branches shall
immediately proceed, under responsibility, to cancel the police, judicial or criminal records that might have been filed
against those persons who are amnestied by this Law, as well as to lift any restrictive measure of freedom that might
affect them. They shall also proceed to release from prison those amnestied who had been arrested, detained,
imprisoned or preventively deprived of their freedom, not including the administrative measures.”
51