considering that the offense of abduction was subsumed within this. He also requested that
Lieutenant Tello Delgado be deprived of liberty for 20 years and ineligible to exercise certain civil
rights for five years, and that civil reparation of 50,000 soles be established. 185 On April 29, 2008,
the National Criminal Chamber declared that there were grounds to proceed to the oral trial which
would commence on May 19, 2008. 186
95.
The oral proceeding concluded on December 17, 2008, when the National Criminal Chamber
handed down its judgment in which it decided to acquit Lieutenant Tello Delgado of the charges he
was accused of, considering that “it has been proved that the accused detained the victim and took
him away, and that the latter has not been located since that date, which has caused suffering to
his family members and which has been affecting them for more than 17 years; but also, there are
serious doubts regarding the responsibility of the accused in the said acts that he is charged with;
a doubt that is favorable to him in application of the constitutional principle of in dubio pro reo.” 187
The representative of the Public Prosecution Service filed an application to annul this judgment. 188
96.
On June 24, 2010, the Transitory Criminal Chamber of the Supreme Court of Justice of the
Republic declared that the judgment of December 17, 2008, was null, considering that the
evidence has not been properly assessed, and ordered that a new oral proceeding be held. 189
97.
The new oral proceeding consisted of 42 sessions held between November 16, 2010, and
November 4, 2011, 190 the date on which the judgment was read, which, once again, acquitted
Lieutenant Tello Delgado because there was a “reasonable doubt regarding the supposed
perpetration of the offense of enforced disappearance by the accused Tello Delgado as the person
having command responsibility in this case.” 191 Following the reading of the judgment, the
representative of the Public Prosecution Service and the civil party filed appeals for a declaration of
nullity. 192
98.
On November 21, 2011, the National Criminal Chamber granted the appeal for a declaration
of nullity and ordered that the proceedings be forwarded to the Criminal Chamber of the Supreme
185
Cf. Report No. 119-2007-2aFSPN-MP-FN of October 30, 2007 (evidence file, volume X, annex 82 to the State’s
answering brief, folios 4997 to 5004).
186
Cf. Decision No. 240 issued by the National Criminal Chamber on April 29, 2008 (evidence file, volume X, annex 83
to the State’s answering brief, folios 5006 to 5009).
187
Judgment delivered by the National Criminal Chamber on December 17, 2008 (evidence file, volume IX, annex 20
to the State’s answering brief, folios 4750 and 4751).
188
Cf. Record corresponding to the thirtieth session of the oral proceeding held before the National Criminal Chamber
on December 17, 2008 (evidence file, volume X, annex 85 to the State’s answering brief, folio 5019).
189
Cf. Supreme final judgment delivered by the Transitory Criminal Chamber of the Supreme Court of Justice of the
Republic on June 24, 2010 (evidence file, volume X, annex 89 to the State’s answering brief, folios 5034 to 5038).
190
Cf. Record corresponding to the first session of the oral proceeding held before the National Criminal Chamber on
November 16, 2010 (evidence file, volume X, annex 91 to the State’s answering brief, folios 5042 and 5043), and Record
corresponding to the forty-second session of the oral proceeding held before the National Criminal Chamber on November 4,
2011 (evidence file, volume X, annex 92 to the State’s answering brief, folios 5045 to 5047).
191
Judgment delivered by the National Criminal Chamber on November 4, 2011 (evidence file, volume IX, annex 12 to
the State’s answering brief, folios 4506 to 4582).
192
Cf. Record corresponding to the forty-second session of the oral proceeding held before the National Criminal
Chamber on November 4, 2011 (evidence file, volume X, annex 92 to the State’s answering brief, folio 5047) and Brief of
the civil party of November 4, 2011 (evidence file, volume X, annex 93 to the State’s answering brief, folio 5049).
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