held in detention in a process undertaken by a different court. 252 The Transitory Criminal Law
Chamber of the Supreme Court found on September 22, 2005 that the case should be heard
by the Third Special Criminal Chamber of the Superior Court of Lima. 253
204. The Third Special Criminal Chamber of the Superior Court of Lima resolved on August
31, 2006 to uphold the objection lodged by the defense team of Juan Fernando Dianderas
Ottone and Martín Fortunato Luis Solari de la Fuente and found that the criminal proceedings
against them for complicity as accessories to the crime against the State had lapsed under the
statute of limitations. It therefore ordered that the process be closed.254
205. The Third Superior Prosecutor, on September 22, 2006, charged Vladimiro Montesinos
Torres, Nicolás de Bari Hermoza Ríos and Roberto Edmundo Huamán Ascurra as instigators for
commanding the murder of Herma Luz Meléndez Cueva and Víctor Salomón Peceros Pedraza.
He also charged them and Jesús Zamudio Aliaga as instigators of the crime of murder against
Eduardo Nicolás Cruz Sánchez.255 He filed formal charges against Herbert Danilo Ángeles
Villanueva as a direct perpetrator and against Martín Fortunato Luis Solari de la Fuente and
Juan Fernando Dianderas Ottone as instigators of the crime of concealment, or accessories
after the fact, in injury of the State.256
206. The Third Special Criminal Chamber ruled on its own motion, on October 20, 2006, that
the criminal action against Herbert Danilo Ángeles Villanueva for the crime of concealment had
lapsed under the statute of limitations.257
207. The Third Special Criminal Chamber of the Superior Court of Lima issued an order for
trial on November 21, 2006, holding that there were grounds to try Nicolás de Bari Hermoza
Ríos, Vladimiro Montesinos Torres and Roberto Edmundo Huamán Ascurra as criminal
instigators of the crime of murder against Herma Luz Meléndez Cueva and Víctor Salomón
Peceros Pedraza; and against Vladimiro Montesinos Torres, Nicolás de Bari Hermoza Ríos,
Roberto Edmundo Huamán Ascurra and Jesús Salvador Zamudio Aliaga as criminal instigators
in the murder of Eduardo Nicolás Cruz Sánchez 258. It also declared defendant Jesús Salvador
Zamudio Aliaga in contempt, because although he was “fully aware of the process against him
[and] had engaged his attorney to appear […], he was displaying evasive procedural
conduct.”259
Cf. Order by the First Special Criminal Chamber, March 21, 2005 (evidence file, volume II, annex 34 to the
case submission brief, folios 951 to 952).
252
Cf. Ruling by the Transitory Criminal Chamber of the Supreme Court on the jurisdictional dispute, September
22, 2005 (evidence file, volume II, annex 34 to the case submission brief, folios 857 to 960).
253
Cf. Order 143-06 by the Third Special Criminal Chamber of the Superior Court of Lima, August 31, 2006
(evidence file, volume II, annex 35 to the case submission brief, folios 962 to 966).
254
Cf. Opinion 13-2006 issued by the Third Specialized Prosecutor for Crimes of Corruption by Public Officials,
on September 22, 2006 (evidence file, volume II, annex 44 to the case submission brief, folios 1043 to 1315).
255
The opinion states for the record that a motion to vacate lodged by the public prosecutor on the decision to
apply the statue of limitations was still pending. Cf. Opinion 13-2006 issued by the Third Specialized Prosecutor for
Crimes of Corruption by Public Officials, on September 22, 2006 (evidence file, volume II, annex 44 to the case
submission brief, folios 1043 to 1315).
256
Cf. Order 187-06 by the Third Special Criminal Chamber of the Superior Court of Lima, November 21, 2006
(evidence file before the Commission, volume IV, folio 2575).
257
Cf. Order 187-06 by the Third Special Criminal Chamber of the Superior Court of Lima, November 21, 2006
(evidence file before the Commission, volume IV, folios 2575 to 2579).
258
Order 187-06 by the Third Special Criminal Chamber of the Superior Court of Lima, November 21, 2006
(evidence file before the Commission, volume IV, folio 2577).
259