28 86.38 The Prosecutor with the Special Military Superior Court issued an opinion that concurred with the ruling of the court of first instance. Notice of that opinion was sent to Mr. Castillo Petruzzi.56 86.39 On February 10 and 16, 1994, the defense filed a motion requesting that the judgment of the court of first instance be nullified and that the case be referred to the regular courts.57 86.40 On March 14, 1994, the FAP’s Special Military Tribunal upheld the January 7, 1994 ruling of the court of first instance.58 86.41 Mr. Castillo Petruzzi’s defense lawyer filed a motion seeking nullification of judgment and the case was referred to the Special Tribunal of the Supreme Court of Military Justice.59 86.42 On April 28, 1994, the Assistant Special Prosecutor General presented an opinion requesting that the defendant be sentenced to life imprisonment.60 86.43 On 3 May, 1994, the Special Tribunal of the Supreme Court of Military Justice dismissed the motion to nullify the March 14, 1994 ruling. The latter had confirmed the January 7, 1994 judgment of the court of first instance that had ruled that Mr. Castillo Petruzzi’s motion to dismiss for lack of jurisdiction was without merit.61 3) With respect to Mrs. María Concepción Pincheira Sáez and Mr. Lautaro Enrique Mellado Saavedra: 86.44 On November 20, 1993, the Judge of the Special Military Tribunal instituted the examining phase of the proceedings against Mrs. Pincheira Sáez and Mr. Mellado Saavedra, issued the orders for them to be taken into custody and ordered that a preliminary hearing be held.62 56. Cf. Opinion of the Military Superior Court Prosecutor, file 078 TP 93 ZJ FAP. 57. Cf. Brief of defense attorney Grimaldo Achaui Loaiza, dated February 10, 1994, pp. 835-836, and the record of the February 16, 1994 hearing held in the trial against Jaime Castillo Petruzzi et al. for the crime of treason, p. 855, both from file 078 TP 93 ZJ FAP. 58. Cf. Judgment of the FAP’s Special Military Tribunal, dated March 14, 1994, file 078 TP 93 ZJ FAP, pp. 893-895. 59. Cf. Article 2 of Decree-Law No. 25,708 (procedure in trials for the crimes of treason), promulgated on September 10, 1992; Article 5 of Decree-Law No. 25,659 (regulating the crime of treason), promulgated on September 2, 1992; Article 13.g of Decree-Law No. 25,475 (establishing the sentencing guidelines for the crimes of terrorism and procedure for investigation, judicial inquiry and trial in cases of terrorism crimes), promulgated May 5, 1992; defense pleading of Mr. Castillo Petruzzi’s defense attorney, dated March 18, 1994, p. 898; order of the FAP’s Special Military Tribunal, of March 22, 1994, p. 901; from file 078 TP 93 ZJ FAP. 60. Cf. Opinion of the Assistant Special Prosecutor General, April 28, 1994, pp. 929-931, file 078 TP 93 ZJ FAP. 61. Cf. Judgment of May 3, 1994, of the Special Tribunal of the Supreme Court of Military Justice, pp. 970 et seq.; file 078 TP 93 ZJ FAP. 62. Cf. Order of the Special Court of Inquiry, file No. 078 TP 93 ZJ FAP.