37
iii.
evidence of the detention of [said persons and] the liability of […] the military
chiefs was not established.”29 This decision was affirmed by the court of
appellate jurisdiction through judgment delivered on September 8, 1992,30
and
on August 20, 1992 Mrs. Raida Cóndor de Amaro filed a habeas corpus
petition on behalf of the 10 persons arrested at La Cantuta University, with
the Fourteenth Criminal Court in Lima. The court that tried said case received
the statement made by General Nicolás de Bari Hermoza-Ríos, who denied
that said persons had been detained and invoked “national security reasons”
for not disclosing the identity of the personnel assigned to said University.31
This habeas corpus petition was declared groundless by judgment dated
November 13, 1992, handed down by the Criminal Judge in Lima. The
judgment was affirmed by the Sixth Criminal Panel of the High Court of Lima,
through judgment pronounced on February 18, 1993, whereby the Panel of
the High Court pointed out “serious procedural irregularities” and ordered
twice the enlargement of investigation, although the proceedings were finally
closed.
Initial complaints and commencement of investigation proceedings by the
ordinary criminal courts
80(21) On July 21, 1992 Antonia Pérez-Velásquez de Muñoz reported the disappearance of
her husband, Hugo Muñoz-Sánchez, to the Provincial Criminal Prosecutor´s Office of the
Tenth Prosecutor´s Office.32
80(22) On August 1, 1992, the Chancellor of La Cantuta University, Rafael LaynesBastante, filed a complaint with the Provincial Criminal Prosecutor´s Office on duty in Lima,
and APRODEH filed complaints with the Attorney General´s Office on July 31, 1992 and
August 12, 1992, and with the Special Prosecutor´s Office of the People´s Ombudsman and
Human Rights. .
80(23) On August 6, 1992 the Attorney General´s Office ordered the Eighth Provincial
Criminal Prosecutor´s Office in Lima to start the investigation of the events. However, on
August 9, 1993, the incumbent of the Eighth Provincial Criminal Prosecutor´s Office in Lima
declined jurisdiction over the investigation on the grounds that the War Panel of the CSJM
29
Cf. Ruling of August 5, 1992 (record of appendixes to the application, appendix 12(q), pp. 140 and 141)
30
Cf. Ruling of September 8, 1992 (record of record of appendixes to the application, appendix 16(e), p.
488)
31
Cf. Ruling of November 13, 1992 (record of appendixes to the application, appendix 12(p), pp. 135 to
139)
32
Cf. Complaint filed by Antonia Pérez-Velásquez with the Fiscalía Especial de Defensoría del Pueblo y
Derechos Humanos (Special Prosecutor´s Office of the People´s Ombudsman and Human Rights) on July 21, 1992
(record of appendixes to the application, appendix 12(h), p. 122).
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