-12out to the road. There was a shot in the direction of the bus and, as a consequence, Ms.
Tarazona Arrieta and Ms. Pérez Chávez were killed and Mr. Bejarano Laura was injured.20
32.
When the head of the military patrol heard a shot, he counted his troops and realized
that two soldiers were missing; namely, Sgt. Evangelista Pinedo and J.C.A.L. Moments later,
a pedestrian approached him and reported that one of his soldiers had fired at the bus and
that there were two injured persons. The head of the patrol climbed aboard the military vehicle
and went to the site of the incident, spotting the two soldiers who were missing from the
patrol and telling them to climb aboard the vehicle and asking whether they had fired the
shot, to which they answered in the negative.21
33.
Each of the soldiers was then taken to the office of the National Criminal Investigation
Directorate (hereinafter “DININCRI”) of the National Police of Peru (hereinafter “PNP”) for the
relevant investigations and the experts’ reports and where it was determined that it had been
Sgt. Evangelista Pinedo, who had fired the shot.22
34.
Ms. Tarazona Arrieta was 22 years old when she died as a result of "cephalitic
traumatism"23 and Ms. Pérez Chávez, also 22 years of age, died as a result of a "gunshot
wound that penetrated her thorax.”24 Mr. Bejarano Laura, 27 at the time of the incident, was
attended at the emergency room of the Hospital II Vitarte for “an open abdominal wound
because of a gunshot” and was operated on that same day for an “exploratory laparotomy,
repairs to lacerations of the transverse colon wall and extraction of the bullet shrapnel.” He
was hospitalized in the Surgery Section of the hospital for three days and was discharged on
August 31, 1994.25
B. The investigation into the facts of the case (August 9, 1994 to May 22, 1995)
35.
At approximately 11:15 pm on August 9, 1994, the on-duty Prosecutor of the 27th
Provincial Criminal Prosecutor’s Office of Lima (hereinafter the “Provincial Prosecutor”)
ordered the Homicide Division of the PNP to take charge of the investigation.26 On August 10,
1994, the Chief of the National Police in Ate Vitarte reported on “the preliminary procedures
in connection with the firearm killing […] which took place in this precinct at km 8 of the
central highway, presumably committed by members of the Peruvian Army.”27
36.
The following day, the Headquarters of the 40th Motorized Infantry Battalion informed
the Brigadier of the First Division of Las Palmas Special Forces (hereinafter “DIFFE”) on what
had occurred on August 9, 1994 and indicated that “direct responsibility for the incident lies
Cf. Opinion N° 12-2006-4 FSPN-MP/FN (evidence file, folios 76 to 81) and judgment of the National Criminal
Chamber in case file N° 13-06 of July 23, 2008 (evidence file, folios 55 to 65).
20
21
Cf. Statement of August 17, 1994 of A.V.C. (evidence file, folios 118 to 122).
22
Cf. Opinion N° 12-2006-4 FSPN-MP/FN (evidence file, folios 76 to 81).
Cf. It also states that her corpse had “a large open wound, with loss of skin tissue, scalp, and bone, affecting
the left side face and cranium; also bruising on the front of the chest, on the left leg, with indication of severe
traumatic impact.” Certificate N° 450-lC-H-DDCV of the National Criminal Investigation Directorate of the PNP dated
October 7, 1994 (evidence file, folios 85 to 105).
23
Cf. Autopsy report of Norma Teresa Pérez Chávez by the Forensic Medicine Institute of the Public Ministry
of August 10, 1994 (evidence file, folios 110 to 111).
24
25
Cf. Medical report of September 17, 1994 (evidence file, folios 112 to 113).
26
Cf. Certificate N° 450-IC-H-DDCV (evidence file, folio 89).
27
Cf. Report N° 232-AP-07-DV (evidence file, folios 159 to 162).