22 110 referring the accused to oral proceedings. At the end of the oral phase, on December 17, 2008, the members of the National Criminal Chamber handed down judgment acquitting Juan Carlos Tello Delgado by a majority decision in the following terms: […] it has been shown that the witness, Arnulfo Roncal Vargas, as indicated in radio message No. 640 on p. 2574, ordered the release of the victim, an order with which the accused, according to radio message No. 641 on the same page, complied; this agrees with the certificate of release, the signature on which came from the hand of the victim, as indicated by expert graphologist’s opinion No. 2110/91, ratified in the oral proceedings, and by the versions given to the Army inspector by sergeants Oscar Gamarra Cabanillas and Aldo Olórtegui Martel, as can be seen on pp. 2589 and 2590, which, although they were received at the same time, do report the release of the victim, as was reiterated by the witnesses Simeón Retuerto and Carlos Humberto Martínez García during oral proceedings. […] it has been shown that the victim was detained and led away by the accused, and that he has not since been located, which represents suffering for his next-of-kin which, evidently, has affected them for more than 17 years. Nevertheless, serious doubts also exist regarding the accused’s responsibility in those incidents, and those doubts work in his favor under the constitutional principle of IN DUBIO PRO REO, enshrined in Article 139.11 of our Constitution, for which reason acquittal from the charges must proceed in accordance with the terms of Article 284 of the Code of 111 Criminal Procedure (…). 88. The information contained in the judgment of the National Criminal Chamber indicates that in addition to those set out in case file No. 859-92 before the military justice system, the following formalities were pursued: At the preliminary investigation stage: – Investigation statements from Porfirio Osorio Rivera, Santa Fe Gaytán Calderón, Patricio Chavarría Celestino, Gudmer Tulio Zárate Osorio, Jorge Húngaro Atencio, Juan José Félix Reyes, and Arnulfo Roncal Vargas. At the committal stage: - - Testimonies of Juana Rivera Lozano, Gudmer Tulio Zárate Osorio, Juan Félix Reyes Fernández, Santa Fe Gaytán Calderón, Salvador Chávez Huacho, Arnulfo Roncal Vargas, Jorge Húngaro Atencio, and Patricio Chavarría Celestino. Preventive statement of Porfirio Osorio Rivera. During the oral proceedings: - - Preventive statement of Porfirio Osorio Rivera. Witness statements from Aquiles Román Atencio, Santa Fe Gaytán Calderón, Pablo Correa Falen, Arnulfo Roncal Vargas, Simeón Refuerto Roque, and Carlos Humberto Martínez García. Cross-examination between Porfirio Osorio Rivera and the defendant Juan Carlos Tello Delgado, and between the witness Aquiles Román Atencio and the defendant. Ratification by Luis Gerardo Montesinos Aguilar and César Melesio Aliaga Rojas, expert graphologists of the National Police of Peru, of expert graphology opinion No. 2111/91 of December 16, 1991, regarding the authenticity of the signature and fingerprints of Jeremías Osorio Rivera on the document titled “certificate of release.” 89. In addition to the statements and other formalities described, a series of documents were incorporated into the proceedings of the trial conducted before the regular courts; of these, the most notable are the following: 110 111 Annex 80: Prosecution deed of April 29, 2008, issued by the National Criminal Chamber, case file No. 554-07. Annex 25: Resolution of December 17, 2008, issued by the National Criminal Chamber, case file No. 554-07, operative paragraph 8, No. 13, and operative paragraph 9.