49
abduction) and forced disappearance of persons, and eight individuals56 as aiders and
abettors of said crimes.57
80(76) On January 24, 2003, the First Special Criminal Courtroom of the Superior Court of
Justice in Lima ordered the commencement of preliminary investigation as ordinary
proceedings documented in file No. 03-2003, against several Army members and former
military men58 on the grounds of their alleged involvement in crimes against the life, body
and health (in the degree of aggravated murder), crime against personal freedom (in the
degree of aggravated abduction), and forced disappearance of persons, against professor
Hugo Muñoz-Sánchez and nine students of the La Cantuta University, arrest warrants being
issued against the accused. Furthermore, said Court also filed a complaint against other
eight persons59 on the grounds of their involvement as aiders and abettors in the same
crimes, against whom qualified summons to appear and home detention warrants were
issued. Moreover, the Court ordered that “precautionary attachment be levied” on property
for an amount between one and three million New Soles on the unencumbered property of
the accused. The arrest warrants were appealed by some of the accused, and later
confirmed by the Court.60 No-one of said army members or former military men was
investigated in the military proceedings nor convicted in case No. 157-V-93, that was
prosecuted before military courts (above paras. 80(54) and 80(55)), except Anilino PortellaNúñez, who was treated in said proceedings as a party on default and in respect of whom,
by operation of the amnesty law, the SCMJ ordered the “discontinuance of proceedings”
(“corte de secuela”). Later on, the same SCMJ entered a declaration of nullity against said
ruling (above paras. 80(54) and 80(60)-80(63)).61
80(77) This investigation was declared a complex matter in June 2003. Pursuant to the
“complex and mixed connection of this case”62 with those pending in other courts against
the alleged perpetrators of other crimes, the Ad Hoc Prosecutor’s Office requested
56
Namely, Julio Rolando Salazar-Monroe, Víctor Raúl Silva-Mendoza, Carlos Indacochea-Ballon, Alberto
Segundo Pinto-Cárdenas, Luis Cubas-Portal, Enrique Oswaldo-Oliveros, Julio Alberto Rodríguez-Córdova, and Carlos
Miranda-Balarezo.
57
Cf. Materialization of criminal complaint filed by the Provincial Specialized Prosecutor’s Office (record of
Appendixes to application, Appendix 38(k), pp 1398-412).
58
Namely, Aquilino Portella-Núñez, Héctor Gamarra-Mamani, José William Tena-Jacinto, Pablo Andrés
Atuncar-Cama, Gabriel Orlando Vera-Navarrete, Jorge Enrique Ortiz-Mantas, Fernando Lecca-Esquen, Hércules
Gómez-Casanova, Wilmer Yarleque-Ordinola, Ángel Sauñi-Pomaya, Rolando Javier Meneses-de-Oca, Haydee Magda
Terrazas-Arroyo, Luz Iris Cumpitaz-Mendoza, José Alarcón-González, Hugo Francisco Coral-Goycochea, Carlos Luis
Caballero-Zegarra-Ballón, Isaac Paquillauri-Huaytalla, and Víctor Hinojosa-Sopla.
59
Namely, Julio Rolando Salazar-Moroe, Víctor Raúl Silva-Mendoza, Carlos Indacochea-Ballón, Alberto PintoCárdenas, Luis Cubas-Portal, Enrique Osvaldo Oliveros-Pérez, Carlos Miranda-Balarezo, and Julio RodríguezCórdova.
60
Cf. Decision of January 24, 2003, rendered by the First Special Criminal Anticorruption Court submitted as
Appendix to State Note No. 7-5-M/393, of November 4, 2003 (record of Appendixes to application, Appendix 40.i,
pp. 1467-91, and Appendixs 43(cc), p. 1737).
61
Cf. Official letter No. 03-2003-61-SPE-CSJL of the Special Criminal Chamber of the Supreme Court of
Justice in Lima (file with evidence to facilitate adjudication of the case, pp. 4170-2), and submission made by the
State on November 20, 2006, in response to the request for evidence to facilitate adjudication of the case (files for
the merits of the case, reparation and costs, if any, p. 1090).
62
Cf. Code of Criminal Procedure, Law No. 9024, Section 20 (file with evidence to facilitate adjudication of
the case).
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