19
aggravated homicide, on June 30, 1992, the Committal Judge of Cajatambo concluded that “there were
no grounds for opening committal proceedings against Andrés López Cardenas [and ordered] the
continuation of the investigation, against such persons as may be responsible, should the crime of
85
homicide be established…” On July 2, 1991, the Provincial Prosecutor of Cajatambo filed an appeal
86
remedy against the resolution denying the initiation of committal proceedings, but that appeal was never
resolved because, as explained in the following paragraph, the court declined jurisdiction.
78.
In parallel to the criminal trial before the Provincial Court of Cajatambo, case file No. 2491, Lt. Juan Carlos Tello Delgado faced prosecution by the Third Permanent Military Court of Lima, where
criminal committal proceedings (case file No. 859-92) were opened on June 11, 1992, for the crimes of
87
disappearance, abduction, and homicide. On that same date, the Permanent Court-Martial of the
Second Army Judicial District (hereinafter “the Permanent Court-Martial”) instructed the Mixed Court of
88
Cajatambo to recuse itself from hearing the criminal proceedings against Juan Carlos Tello. As a result
of the jurisdiction dispute, on July 22, 1992, the Cajatambo Court declined jurisdiction to the military
89
justice system and referred the proceedings to the Third Permanent Military Court of Lima.
79.
The petitioners claim that in addition to the complaint lodged with the Mixed Provincial
Prosecutor of Cajatambo, Mr. Porfirio Osorio lodged a complaint with the Attorney General of the Nation
on May 7, 1991. According to their narrative, that complaint was later referred to the Special Prosecutor
at the Office of the People’s Defender and Human Rights, but that the latter agency pursued no
investigations. Similarly, the information submitted indicates that Porfirio Osorio requested the
intervention of the Constituent Democratic Congress’s Human Rights and Peace Commission, in
response to which its chair asked the Attorney General of the Nation to take the appropriate steps and
90
served documents on various agencies of the armed forces and of the Public Prosecution Service.
(b)
The criminal proceedings before the military courts (case file No. 859-92)
80.
On November 25, 1992, the Permanent Court-Martial referred case file No. 24-91 to the
91
Third Permanent Military Court of Lima for its joinder with case file No. 859-92. On July 2, 1993, a
92
witness statement was taken from Porfirio Osorio Rivera and, on July 4, 1993, one was taken from the
93
defendant. The court also received a photocopy of radio messages sent by the defendant to his seniors
between April 28 and May 1, 1991, letters signed by residents of different provinces in the north of Lima
department endorsing his character, as well as other documents.
81.
After pursuing these formalities, on November 30, 1993, the Third Permanent Military
Court of Lima issued final report No. 019-93/erJMPL-2daZJE, finding that:
…continuation
XIV of the Criminal Code, covering Articles 319 to 324 of that legislation [...].” See: Annex 54. Article 22 of Decree Law No. 25475 of
May
5,
1992,
available
on
the
web
site
of
the
Congress
of
the
Republic
of
Peru
at
www.congreso.gob.pe/ntley/Imagenes/Leyes/25475.pdf.
85
Annex 55: Resolution of the Committal Judge of Cajatambo, dated June 11, 1992, denying commencement of
committal proceedings, case file No. 24-91.
86
Annex 56: Appeal remedy presented by the Provincial Prosecutor of Cajatambo on July 2, 1992, against the deed
denying the opening of committal proceedings of June 11, 1992, case file No. 24-91.
87
Annex 57: Resolution of the Permanent Court-Martial of the Second Army Judicial District, dated June 11, 1992.
88
Annex 58: Document No. 619-92/Sec/2daZJE issued by the Permanent Court-Martial of the Second Army Judicial
District on June 11, 1992.
89
Annex 59: Resolution of the Mixed Court of Cajatambo, dated July 22, 1992, case file No. 24-91.
90
Annex 60: Document No. 571-93-DD.HH/CCD, dated August 2, 1993.
91
Annex 61: Resolution of the Permanent Court-Martial, dated November 25, 1992.
92
Annex 62: Witness statement of Mr. Porfirio Osorio Rivera, given on July 2, 1993.
93
Annex 63: Statement to the investigation of Juan Carlos César Tello Delgado, given on July 4, 1993.