Lieutenant Colonel Roberto Edmundo Huamán Ascurra”; (ix) that “the criminal chamber found that human rights [had been respected], [but], nonetheless, it had been proven that Eduardo Nicolás Cruz Sánchez […] was first captured and then executed”; (x) that “it had been confirmed that there was communication between Jesús Zamudio Aliaga and Colonel José Williams Zapata”; (xi) that the criminal chamber held that the perimeter of the residence was also […] an area of military presence; (xii) regarding “the presence of Roberto Huamán Ascurra inside the residence of the Japanese ambassador, carrying a firearm”; (xiii) regarding “the classification of the facts at trial as crimes against humanity”; (xiv) that “the Constitution in effect in the 1990s empowered former President Alberto Fujimori Fujimori to direct the country’s domestic and foreign wars”; (xv) regarding “Huamán’s order to Manuel Himerón Ramírez Ortiz to join the Tenaz Patrol, per se, at the time the military operation took place, [and] he would fight and record on film”; (xvi) regarding the “participation of Vladimiro Montesinos Torres, before, during and after the military operation […] and his responsibility in the facts ”; (xvii) that “Vladimiro Montesinos Torres ordered Fernando Gamero Febres to bury the bodies of the MRTA members”; (xviii) that “Vladimiro Montesinos Torres was de facto head of the SIN, not an advisor […]”;(xix) that “Roberto Huamán Ascurra should be acknowledged as a trusted advisor to Vladimiro Montesinos Torres”; (xx) that “given the nature and characteristics of the facts, it [was] impossible to demand direct evidence, and therefore, indirect evidence needed to be used”; (xxi) that “the attorney of Nicolás Bari Hermoza Ríos […] recognize[d] that a murder had been committed [in] the case of Eduardo Nicolás Cruz Sánchez”; (xxii) regarding “the order by Roberto Huamán Ascurra for members of the […] ‘SIN’ to enter and take part in executing the military operation.” 230. The plaintiffs for victims Herma Luz Meléndez Cueva, Víctor Salomón Peceros Pedraza, and Eduardo Nicolás Cruz Sánchez based their motions to vacate on the claim that sufficient evidence existed to uphold a conviction.288 231. An executive order on November 13, 2012 transferred the case file to the Prosecutor General for an opinion, which was delivered on April 26, 2013, holding that that the verdict would not be overruled.289 232. At the request of several parties to the criminal proceedings, the Transitory Criminal Chamber of the Supreme Court ruled on May 25, 2013 that a hearing would take place on July 10, 2013. The hearing was attended by counsel for victims Herma Luz Meléndez Cueva, Víctor Salomón Peceros Pedraza and Eduardo Nicolás Cruz Sánchez, and defendant Nicolás de Bari Hermoza Ríos, as well as the Solicitor General of the Ministry of Defense, and the Solicitor General for the chairman of the Council of Ministers. 290 233. The Transitory Criminal Chamber of the Supreme Court delivered its decision on July 24, 2013, ruling on the motions to vacate. Its judgment found the following concerning the deaths of MRTA members Herma Luz Meléndez Cueva and Víctor Salomón Peceros Pedraza: [… I]n the instant case, the statement by Hidetaka Ogura concerning victims Meléndez Cueva and Peceros Pedraza is not credible and has not been corroborated on any point. This means it cannot be held as proven or conclusive evidence, nor can it be considered consequential. The evidence for the defense detracts from the plausibility of his story. At Cf. Ruling by the Transitory Criminal Chamber of the Supreme Court on an appeal to vacate judgment, 3521-2012 July 24, 2013 (evidence file, volume XXI, helpful evidence, folio 14679). 288 Cf. Ruling by the Transitory Criminal Chamber of the Supreme Court on an appeal to vacate judgment, 3521-2012 July 24, 2013 (evidence file, volume XXI, helpful evidence, folio 14679). 289 Cf. Ruling by the Transitory Criminal Chamber of the Supreme Court on an appeal to vacate judgment, 3521-2012 July 24, 2013 (evidence file, volume XXI, helpful evidence, folio 14680). 290