the alleged crime of murder against Herma Luz Meléndez Cueva and Víctor Salomón Peceros
Pedraza, and of Vladimiro Montesinos Torres, Nicolás de Bari Hermoza Ríos, Roberto Edmundo
Huamán Ascurra, Augusto Jaime Patiño, José Williams Zapata, Luis Alatrista Rodríguez, Carlos
Tello Aliaga, Benigno Leonel Cabrera Pino, Jorge Orlando Fernández Robles and Jesús Zamudio
Aliaga, for the alleged crime of murder against Eduardo Nicolás Cruz Sánchez. 221 The judge
also ordered house arrest for most of the suspects and issued an arrest warrant for Zamudio
Aliaga.222 He found no grounds for investigation of Juan Fernando Dianderas Ottone, Martín
Solari de la Fuente and Herbert Danilo Ángeles Villanueva for crimes against the administration
of justice, specifically a crime against the judiciary in the form of aggravated concealment in
injury of the State.223
H. The jurisdictional dispute and the military courts
184. That same day, May 24, 2002, when the Specialized Provincial Prosecutor filed his
charges before Third Special Criminal Chamber (supra para. 182), the Solicitor General of the
Ministry of Defense responsible for judicial affairs of the Peruvian Army lodged a complaint
with the War Chamber of the military justice council, CSJM, against the commandos who had
taken part in the Chavín de Huántar operation for allegedly committing the crime of abuse of
authority, codified in Articles 179 and 180 of the code of military justice, the crime of human
rights violation as defined and criminalized under Article 94 of the code, and the crime of
murder defined and criminalized in Book Two, Section One, Chapter 1 of the criminal code,
applicable under Article 744 of the code of military justice, in injury of several members of the
MRTA.224
185. The chief prosecutor of the investigative justice department admitted the complaint on
May 28, 2002,225 and the next day, the War Chamber decided to open an investigation against
the military personnel who took part in the operation for the alleged commission of crimes of
abuse of authority, human rights violation and murder against Roli Rojas Fernández, Luz Dina
Villoslada Rodríguez, Víctor Salomón Peceros Pedraza and Herma Luz Meléndez Cueva. 226 This
investigation did not expressly include Eduardo Nicolás Cruz Sánchez as a victim (infra para.
225).227
186. The chief prosecutor of the investigative justice department asked the president of the
War Chamber on June 20, 2002 to send an official note asking the Third Chamber to recuse
Cf. Order to open investigation issued on June 11, 2002 by the Third Special Criminal Chamber (evidence
file, volume I, annex 3 of the case submission brief, folios 103 to 104).
221
Cf. Order to open investigation issued on June 11, 2002 by the Third Special Criminal Chamber (evidence
file, volume I, annex 3 of the case submission brief, folio 107).
222
Cf. Order to open investigation issued on June 11, 2002 by the Third Special Criminal Chamber (evidence
file, volume I, annex 3 of the case submission brief, folio 110).
223
Cf. Complaint lodged by the Solicitor General of the Ministry of Defense before the Supreme Council of
Military Justice, May 24, 2002 (evidence file, volume XVIII, annex 20 to the State’s answering brief, folios 12027 to
12038).
224
Cf. Prosecutorial complaint 03-2002 submitted to the military prosecutor of the investigative justice
department, May 28, 2002 (evidence file, volume XXII, helpful evidence, folios 14746 to 14749).
225
Cf. Order to open investigation, issued by the War Chamber of the Supreme Council of Military Justice, May
29, 2002 (evidence file, volume XXII, helpful evidence, folios 14758 to 14766).
226
Cf. Final report 008-2nd Sec- V.I. CSJM, June 6, 2003 (evidence file, volume XVIII, annex 21 to the State’s
answering brief, folios 12079 to 12108).
227