19
96.
On April 8, 2002, the 27th Criminal Court of Lima requested that the Third Permanent
Court of the Second Military Judicial District be contacted for it to report on the current state of the
89
proceedings against Antonio Evangelista Pinedo.
97.
On October 25, 2002, the 27th Provincial Criminal Prosecutor found in favor of removing
the file from the archive and continuing the proceedings, after receiving the Inter-American Court’s
judgments of March 14 and September 3, 2001, in compliance with Article 151 of the Consolidated Text
90
of the Organic Law of the Judiciary.
98.
On November 27, 2002, the 27th Criminal Judge recused himself from further hearing the
proceedings before resolving the request for the case to be removed from the archive, pursuant to an
administrative resolution issued on October 28, 1997 – in other words, almost 5 years previously – which
91
ruled that the court lacked jurisdiction over the substance of the case.
99.
On January 21, 2003, the 16th Provincial Criminal Court of Lima ordered the case
removed from the archive and the criminal trial reopened, and it extended the duration of the committal
proceedings by 30 days for a series of formalities to be carried out or communicated and for instructions
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to be given to the Judicial Police for the suspect’s location and arrest.
100.
On May 19, 2003, the 16th Provincial Criminal Prosecutor of Lima asked the judge for an
extension of 30 days for the committal proceedings, given that the investigation was still at an early
93
stage. This report sets out the formalities pursued to date, including the criminal background of the
accused (no annotations) and his judicial background (with the annotation of having been convicted on
94 95
July 24, 1997, to a four-year custodial sentence for the crime of grievous bodily harm ). This report
primarily based the request for the extension of the deadline for committal proceedings on the need to
issue instructions to the competent authority for the suspect’s location and arrest, and to take witness
96
statements from the members of the Army patrol.
101.
On June 9, 2003, the 16th Provincial Criminal Court of Lima informed the prosecutor that
97
the deadline for the committal proceedings had been extended by 30 days. On July 15, 2003, a witness
statement was taken from Army Technician Third-Class Antonio Enrique Vivas Chapilliquen, the
commander of the military patrol that included Sergeant Second-Class Evangelista Pinedo on August 9,
1994; in that statement he said that at no time did he order his troops to inspect or stop vehicles, and
89
Annex 50: Document of April 8, 2002, signed by the 27th Criminal Court of Lima, Superior Court of Justice of Lima.
Annex to the State’s submission of December 14, 2004.
90
Annex 51: Document of October 23, 2002, signed by Dr. Claudia García Flores, Provincial Criminal Prosecutor of
Lima. Annex to the State’s submission of December 14, 2004.
91
Annex 52: Resolution of November 27, 2002, case file 43-94, signed by Víctor J. Valladolid Zeta, Criminal Judge,
and Juan Carlos Osorio Huapaya, Secretary. Annex to the State’s communication of December 14, 2004.
92
Annex 53: Document of January 21, 2003, case file No. 550-02, Sec: Cevallos. Annex to the State’s communication
of December 14, 2004.
93
Annex 57: Report No. 1171, case file 550-2002, Sec. Cevallos, 16 J.P.L., dated May 12, 2003, signed by César
Alegre Landaveri, Provincial Criminal Prosecutor of Lima. Annex to the State’s communication of December 14, 2004.
94
Annex 56: Ministry of Justice, National Penitentiary Institute, Lima Penitentiary Records Office, No. 002660,
Evangelista Pinedo Mauricio Antonio, March 19, 2003. Annex to the State’s communication of December 14, 2004.
95
Annex 57: Report No. 1171, case file 550-2002, Sec. Cevallos, 16 J.P.L., dated May 12, 2003, signed by César
Alegre Landaveri, Provincial Criminal Prosecutor of Lima. Annex to the State’s communication of December 14, 2004.
96
Annex 57: Report No. 1171, case file 550-2002, Sec. Cevallos, 16 J.P.L., dated May 12, 2003, signed by César
Alegre Landaveri, Provincial Criminal Prosecutor of Lima. Annex to the State’s communication of December 14, 2004.
97
Annex 58: Document of June 9, 2003, signed by William Ardiles Campos, Provincial Judge of the Thirtieth Criminal
Court of Lima, Superior Court of Justice of Lima. Annex to the State’s communication of December 14, 2004.