48
97(88) On October 24, 2002, the First Criminal Corporate Chamber for Ordinary
Proceedings involving Non-detained Defendants of the Supreme Court of Justice of
Lima (Primera Sala Penal Corporativa para Procesos Ordinarios con Reos Libres de la
Corte Superior de Justicia de Lima), upon ruling on a motion for appeal filed by the
Attorney General’s Office (Procuraduría Pública), revoked the judgment of the Seventh
Criminal Court (Séptimo Juzgado Penal), which had held that the writ of habeas corpus
on behalf of the alleged victim had sufficient legal grounds.87 Pedro Ramírez-Rojas filed
a motion for exceptional review of the aforementioned judgment with the
Constitutional Court (Tribunal Constitucional).88
97(89) On March 27, 2003, the Constitutional Court reversed the judgment rendered
by the First Criminal Corporate Chamber for Ordinary Proceedings involving Nondetained Defendants of the Supreme Court of Justice of Lima (Primera Sala Penal
Corporativa para Procesos Ordinarios con Reos Libres de la Corte Superior de Justicia
de Lima) of October 24, 2002, and amended it upon sustaining in part the writ of
habeas corpus filed on behalf of Urcesino Ramírez-Rojas, dismissing “the part of the
writ request[ing] his release since […], given that the annulment of some parts of the
criminal proceedings did not affect the order for the commencement of criminal
investigation proceedings, the arrest warrant issued thereunder recover[ed] full legal
effect.” The Court further ordered:
that the procedural effects of the condemnatory judgment be annuled, together
with all previous procedural steps, including the prosecutor’s case, in accordance
with Article 2 of Legislative Decree No. 926; and to REJECT the request for
release.89
97(90) On May 13, 2003, the National Chamber for Terrorism (Sala Nacional de
Terrorismo) vacated the proceedings brought against Urcesino Ramírez-Rojas, heard
by judges whose identity was kept secret, and dismissed the prosecutor’s case against
the alleged victim. The aforementioned Criminal Chamber further ordered that all
proceedings be sent to the appropriate Criminal Court so that it proceeded pursuant to
law.90
97(91) On June 24, 2003, the First Special Criminal Court for Terrorism (Primer
Juzgado Penal Especializado en Delito de Terrorismo) assumed jurisdiction over the
case brought against Urcesino Ramírez-Rojas.91
87
Cf. Judgment rendered by the First Criminal Corporate Chamber for Ordinary Proceedings for Nondetained Defendants (Primera Sala Penal Corporativa para Procesos Ordinarios con Reos Libres) on October
24, 2002, File No. 408-02/HC (case file of appendixes to the application, volume 1, appendix 46, pages 340
to 342).
88
Cf. Judgment rendered by the Constitutional Court on March 27, 2003, on File No. 0513-2003HC/TC (case file of appendixes to the application, volume 1, appendix 47, pages 347 to 349).
89
Cf. Judgment rendered by the Constitutional Court on March 27, 2003, on File No. 0513-2003HC/TC (case file of appendixes to the application, volume 1, appendix 47, pages 347 to 349).
90
Cf. Order of the National Chamber for Terrorism (Sala Nacional de Terrorismo) of May 13, 2003, File
69-03 (case file of evidence to facilitate the adjudication of the case submitted by the State, volume 6,
pages 5369 to 5383).
91
Cf. Prosecutorial pleading of the First Special Provincial Public Prosecutor’s Office for Terrorism
(Primera Fiscalía Provincial Especializada en Delitos de Terrorismo) of January 21, 2004 (case file of evidence
to facilitate the adjudication of the case submitted by the State, volume 6, pages 5435 to 5457).
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