25 86.22 The Prosecutor of the Special Military Superior Court issued an opinion in which he concurred with the decision to move the proceedings to the regular courts. Notification of that opinion was sent to Mr. Astorga Valdez.40 86.23 On March 14, 1994, the FAP Special Military Tribunal upheld the January 7, 1994 ruling of the court of first instance.41 86.24 On April 28, 1994, the Assistant Special Prosecutor General filed his opinion wherein he requested that the lower court ruling granting the motion to dismiss for lack of jurisdiction in the Astorga Valdez case be nullified and that the defendant be convicted of treason and sentenced to life imprisonment.42 86.25 On May 3, 1994, ruling on the motion filed by the other alleged victims petitioning the court to nullify the ruling of the court of first instance, the Special Tribunal of the Supreme Court of Military Justice nullified that part of the ruling in which the court granted Mr. Astorga Valdez’ motion for the lower court to dismiss the case for lack of jurisdiction, wherein the judge of first instance had ruled that because the crime of which defendant was guilty was terrorism, the military court did not have jurisdiction in the case. The Supreme Court of Military Justice nullified that part of the lower court ruling and with that sentenced Mr. Astorga Valdez “to life imprisonment for the crime of treason.”43 86.26 The special appeal seeking a review of the judgment in this case was denied.44 2) With respect to Mr. Jaime Francisco Castillo Petruzzi: 86.27 On November 20, 1993, the Judge of the Special Military Court opened the examining phase of the proceedings against Jaime Francisco Castillo Petruzzi, issued the warrant for his detention, and ordered that the suspect’s preliminary hearing be held in the fact-finding phase of the proceedings.45 86.28 On November 22, 1993, Mr. Castillo Petruzzi named Mr. Grimaldo Achaui Loaiza as his attorney; that same day, the military judge of inquiry recognized Mr. Achaui Loaiza as defense counsel in the proceedings and set 40. Cf. Opinion of the Military Superior Court Prosecutor, file 078 TP 93 ZJ FAP, p. 825. 41. Cf. Judgment of the FAP’s Special Military Tribunal, March 14, 1994, file 078 TP 93 ZJ FAP, pp. 893-895. 42. Cf. Opinion of the Assistant Special Prosecutor General, April 28, 1994, file 078 TP 93 ZJ FAP, pp. 937-938. 43. Cf. May 3, 1994 Judgment of the Special Tribunal of the Supreme Court of Military Justice, file 078 TP 93 ZJ FAP, pp. 970 et seq. 44. Cf. Article1 of Decree-Law No. 26,248 (amending Decree-Law No. 25,659 as regards the permissibility of petitions of habeas corpus in treason or terrorism cases), which entered into force on November 25, 1993, Article 690 of the Code of Military Justice, Decree-Law No. 23,214, promulgated on February 4, 1986; and Article 2.a of Decree-Law No. 25,659 (regulating the crime of treason), promulgated on September 2, 1992; testimony of defense counsel Gloria Cano Legua. 45. Cf. Order of the Special Military Court of Inquiry, file No. 078 TP 93 ZJ FAP, pp. 568-570.