77 Terrorism formalized a criminal accusation against 4 of the inmates that are alleged victims in this case, for the crimes of terrorism, breach of personal liberty, exposition or abandonment of people in danger, illegal possession of weapons and explosive materials, and violence and resistance to authority against the State, based on the events occurred as a consequence of “Operative Transfer 1”. Through judgment of April 20, 1996, issued by the Special Criminal Court of the Supreme Court of Justice of Lima, the accused were convicted to a life sentence. Said ruling was annulled and a new trial was started.107 197(67) On February 3, 2004 the National Terrorism Chamber of the Supreme Court of Justice of Peru issued a judgment in which, after months of investigations, hearings, and receiving statements, it acquitted the inmates that had been accused of the crimes previously mentioned.108 In said judgment, the Terrorism Chamber established, inter alia, that “on May 6, 1992 the inmates of pavilions One A and four B were not rebellious, nor were they carrying out acts of force or violence whatsoever, that would have justified an intervention of the public forces of the characteristics […] of ‘Operative Transfer 1’.” Likewise, it established that “the continuance by the inmates […] of an armed resistance to the development of the operative for the four days mentioned, resulted materially impossible, due to the volume of fire (from long weapons) and the demolition suffered by the pavilions occupied by them.” Besides, it stated that “[w]hat was previously established does not weaken the fact that when facing the first actions of the operative, there could have been an initial armed resistance by a sector of the inmates, which the Court […] has established occurred after comparing not only the versions of the police officers that testified, but also the fact that the police officer José Idroho Olano died[, …] as a consequence of having received the impact of bullets from fire weapons in the head, and the existence wounds in [several] police officers […] produced some by splinters from explosives and others from bullets from fire weapons.” 109 Investigation against members of the National Police Force 197(68) A proceeding originated in an accusation against the police personnel that participated in “Operative Transfer 1” was brought before the Second Chamber of the Superior Council of Justice of the II Judicial Zone of the National Police Force of Peru. This proceeding finished with Ruling No. 41592 of November 5, 1992, that declared that there were not enough merits to commence the preliminary proceeding against the members of the National Police Force of Peru that intervened in the “operative” because they were performing an act of service and in compliance with the Law, and it ordered the definitive shelving of the accusation.110 107 Cfr. Judgment issued by the Special Criminal Court of the Supreme Court of Justice of Lima on April 20, 1996 (dossier of appendixes to the petition, appendix 261, folios 2840, 2851, and 2860); Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27, 2003, in the city of Lima, Peru, Volume VII, section 2(68), Extrajudicial killings in the criminal center Canto Grande, page 785 (dossier of appendixes to the petition, appendix 6, corresponding to a compact disc); and Judgment issued by the National Terrorism Chamber of the Supreme Court of Justice of Peru on February 3, 2004 (dossier of appendixes to the petition, appendix 274, folios 3151 through 3153). 108 Cfr. Judgment issued by the National Terrorism Chamber of the Supreme Court of Justice of Peru on February 3, 2004 (dossier of appendixes to the petition, appendix 274, folios 3151 through 3246). 109 Cfr. Judgment issued by the National Terrorism Chamber of the Supreme Court of Justice of Peru on February 3, 2004 (dossier of appendixes to the petition, appendix 274, folio 3221). 110 Cfr. Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27, 2003, in the city of Lima, Peru, Volume VII, section 2(68), Extrajudicial killings in the criminal center

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