13 68. On August 10, 1994, the commanding officer of the First Division of the Armed Forces, Brig. Marco Antonio Rodríguez Huerta, sent charges to the presiding colonel of the Permanent CourtMartial of the Army’s 2nd Judicial District, referring Sergeant Second-Class Evangelista Pinedo to him “for the alleged crime of negligent homicide; in addition to any others who may be found responsible for the 40 crime of negligence in performing their duties.” According to the charge sheet, “the incident described […] appears to constitute the crime of negligent homicide, covered by the Criminal Code and by Article 41 744 of the Code of Military Justice.” The same document reports that Sergeant Second-Class Evangelista Pineda was placed before the President of the Court-Martial and that the weapon involved in 42 the incident was handed over. 69. On August 31, 1994, the Permanent Court-Martial resolved to open committal proceedings against Sergeant Second-Class Antonio Evangelista Pineda “for the crimes of culpable homicide with respect to Zulma Tarazona Arrieta and Norma Pérez Chávez and the crime of grievous bodily harm with respect to Alberto Bejarano Laura,” enabling for that purpose the jurisdiction of the Third 43 Permanent Military Court of Lima. In addition, this resolution ordered the investigating magistrate to address the conflict of jurisdiction with the regular justice system, “if proceedings are open before the 44 regular courts in connection with the same incident.” Civilian jurisdiction 70. During August 1994, the National Police of Peru’s Directorate of Criminal Investigations 45 took statements from three eyewitnesses of the incident, from Cpl. José Carlos Arica López, who was 46 47 on patrol with Sgt. Evangelista Pinedo, from Sergeant Second-Class Evangelista Pinedo, and from 48 Luis Alberto Bejarano Laura, who was injured by the gunshot. 40 Annex 30: Document No. 402 K-1/1ra Div FFEE/20.04, to the presiding colonel of the Permanent Court-Martial of the 2nd Army Judicial District, August 10, 1994. Annex to the State’s communication of February 27, 2002. 41 Annex 30: Document No. 402 K-1/1ra Div FFEE/20.04, to the presiding colonel of the Permanent Court-Martial of the 2nd Army Judicial District, August 10, 1994. Annex to the State’s communication of February 27, 2002. 42 Annex 30: Document No. 402 K-1/1ra Div FFEE/20.04, to the presiding colonel of the Permanent Court-Martial of the 2nd Army Judicial District, August 10, 1994. Annex to the State’s communication of February 27, 2002. 43 Annex 31: Proceedings 270-94, document dated August 31, 1994 signed by Carlos Roman la Hoz, Infantry Colonel, President of the Permanent Court-Martial of the 2nd Army Judicial District, and others. Annex to the State’s submission of February 27, 2002. 44 Annex 31: Proceedings 270-94, document dated August 31, 1994 signed by Carlos Roman la Hoz, Infantry Colonel, President of the Permanent Court-Martial of the 2nd Army Judicial District, and others. Annex to the State’s submission of February 27, 2002. 45 Annex 12: Statement given by Vicencio Moisés Tolentino Anaya on August 10, 1994, to the Associate Prosecutor of the 27th Criminal Prosecutor’s Office FPPL and the investigating magistrate, Capt. Carlos Omar Arquedas Salinas of the National Police; Annex to the petitioners’ communication of January 22, 1996; Annex 13: Statement given by Miguel Ángel Sáez Ruiz on August 10, 1994, to the investigating magistrate, Capt. Carlos Omar Arquedas Salinas of the National Police; Annex to the petitioners’ communication of January 22, 1996; Annex 14: Statement given by Jorge Luis Bernaola Palomino in August 1994 to the investigating magistrate, Capt. Carlos Omar Arquedas Salinas of the National Police; Annex to the petitioners’ communication of January 22, 1996; Annex 15: Statement given by Galino Rodolfo Ambolaya on August 10, 1994, to the investigating magistrate, Capt. Carlos Omar Arquedas Salinas of the National Police; Annex to the petitioners’ communication of January 22, 1996. 46 Annex 16: Statement given by José Carlos Arica López on August 17, 1994, to Capt. Carlos Omar Arquedas Salinas of the National Police and Dr. Fara Cubillas Romero, Associate Prosecutor of the 27th Prosecutor’s Office. Annex to the petitioners’ communication of January 22, 1996. 47 Annex 17: Statement given by 2nd Sgt. Antonio Mauricio Evangelista Pinedo on August 17, 1994, to Capt. Carlos Omar Arquedas Salinas of the National Police and Dr. Fara Cubillas Romero, Associate Prosecutor of the 27th Prosecutor’s Office. Annex to the petitioners’ communication of January 22, 1996. 48 Annex 18: Statement given by Luis Alberto Bejarano Laura on August 19, 1994, to the investigating magistrate, Capt. Carlos Omar Arquedas Salinas of the National Police. Annex to the petitioners’ communication of January 22, 1996.