-16being tried or those with a sentence, and prohibited the reopening an investigation on the events that are the subject of those proceedings.52 50. On June 28, 1995, the Congress adopted Law N° 26.492, interpreting Article 1 of Law N° 26.479 in the sense that the general amnesty was to be obligatorily enforced by the courts and that it covered “all incidents arising from or occurring as a consequence of the fight against terrorism from May 1980 to June 14, 1995, regardless of whether the military, police or civilian personnel involved had or had not been reported, investigated, prosecuted or convicted, and sending all judicial proceedings, regardless of the stage, to the archive.”53 51. On June 16, 1995, the civil complainants requested that the Provincial Prosecutor not apply the Amnesty Law because it was manifestly unconstitutional.54 52. On June 20, 1995, the Supreme Military Justice Council granted the benefit of amnesty to Sgt. Evangelista Pinedo since his actions took place during the fight against terrorism. The decision ordered the lifting of any measure that restricted his freedom; the definitive archiving of the proceedings; the annulment of the police, court and criminal records in connection therewith, and the communication of this decision to the relevant judicial body for its implementation.55 53. On June 23, 1995, Sgt. Evangelista Pinedo requested that the Criminal Court enforce the benefits of Law N° 26.479 on the ground that the incident of August 9, 1994 took place during a countersubversive operation; during his time of service as a member of the Peruvian Army and during the extended state of emergency in the Department of Lima and the Province of Callao.56 54. On June 30, 1995, the 27th Criminal Court of Lima extended the committal proceedings for another 30 days, pursuant to a request of the Prosecutor of April 25, 1995.57 55. On July 24, 1995, Mr. Pérez Vera, father of Ms. Pérez Chávez and a civil complainant, requested the 27th Criminal Court of Lima that it not apply Law N° 26.479, the Law of the General Amnesty, because it was unconstitutional, that the investigation continue and that the accused not be released.58 56. On August 3, 1995, Sgt. Evangelista Pinedo presented a “motion of res judicata” to the Criminal Court because proceedings had been initiated in both the ordinary court and the military court for the same crimes and because, by order of June 20, 1995, the Supreme Cf. Law N° 26.479, Article 6: ”The actions or crimes included in the present amnesty, as well as the definitive acquittals and absolutions cannot be subject to investigations, searches or summaries; leaving all judicial cases, in proceedings or execution, definitively archived.” 52 Cf. Law N° 26.492, Article 3 “Article 1 of Law N° 26.479 shall be interpreted in the sense that the general amnesty that is granted is to be obligatorily enforced by the judicial bodies and shall include any act arising from or occurring as a consequence of the fight against terrorism, committed individually or in a group from the month of May 1980 to June 14, 1995, regardless of whether the military, police or civilian personnel had or had not been reported, investigated, prosecuted or convicted; sending all judicial cases in process or in execution definitively archived in accordance with Article 6 of the aforementioned Law.” 53 54 Cf. Communication addressed to the Prosecutor of the 27th Provincial Criminal Prosecutor of Lima, dated June 16, 1995 and signed by Ivana M. Montoya Lizárraga and Santiago Pérez Vera (evidence file, folios 199 to 206). Cf. Communication of June 20, 1995 of the Secretary General of the C.S.J.M., Coronel S.J.E. Roger N. Araujo Calderón (evidence file, folios 197 to 198). 55 Cf. Communication of June 23, 1995, received in the 27th Criminal Court on June 26, 1995 (evidence file, folios 195 to 196). 56 Cf. Communication of June 30, 1995 of the Judge and the Secretary of the 27th Criminal Court of Lima, Edward Díaz Tantalean (evidence file, folios 2969 to 2970). 57 58 2978). Cf. Communication presented by Santiago Pérez Vera dated July 24, 1995 (evidence file, folios 2971 to