5
8.
That regarding the duty to investigate the facts that generated the violations
established in the Judgment to identify and sanction those responsible for the same, the
State presented information in relation to the following processes and complaints:
a)
Case file No. 1360-2003, against Victor Hugo Huamán del Solar, responsible
for signing the order that removed the Peruvian nationality from Mr. Ivcher, for the
offense against the Public Administration for the crime committed against it and the
State. The Superior Criminal Court of Lima archived the process by declaring wellfounded the exception of the statute of limitations invoked by the accused, revoking
the judgment of the Eleventh Specialized Criminal Court in Lima on November 30,
2004, which had sentenced him to three years of imprisonment;
b)
Case file No. 29-2004 against Vladimiro Montesinos Torres and others for
offenses against the Public Administration and freedom of expression for the crime
committed against the State and against Mr. Ivcher Bronstein. The judgment of the
Fourth Special Criminal Court of the Superior Court of Justice of Lima of February 5,
2009, [that] “condemn[ed] him […] as the author of the offense against the Public
Administration – Active Aggravated Bribery […] against the State, and as such, the
court sentence[ed] him to seven years of imprisonment […] and disqualified him
from obtaining a term of office, positions, jobs, or commissions of a public character,
[…] fix[ing] six thousand soles […] for reparation.” In agreement with the Official Act
No. 147-2009-DDHH/PJ of March 25, 2009, the case file referred to reported an
“Appeal of Nullity brought by the defendant, Case File No. 939-2009, that […] has
been before the Prosecutor’s Office since March 19, 2009;”
c)
Case file No. 16-2004 against Guido Guevara Guerra and Raúl Talledo
Valdivieso for the offense of Illicit Association to Commit a Criminal Offense against
the State, the violation of freedom of expression against Baruch Ivcher Bronstein, as
well as the abuse of authority and slanderous complaints committed against the
State. Through Resolution No. 05-2008 of February 15, 2008, the Second Special
Criminal Court of the Supreme Court of Justice “declar[ed] well-founded […] the
[e]xception of res judicata formulat[ed] [by Mr. Talledo Valdivieso – Member
Instructor of the Supreme Council of Military Justice during the year 1997-] in the
instruction that is followed […] by the offense of Illicit Association to Commit a
Criminal Offense against the State[, and also declared] well-founded the [e]xception
of statute of limitations [and,] as a consequence[,] extinguished the criminal action
with regard to the offense of the Violation of Freedom of Expression committed
against Baruch Ivcher Bronstein[, as well as] Abuse of Authority and Slanderous
Complaints committed against the State[. Finally, the Court] confirm[ed] the
judgment [that absolved Mr. Talledo Valdivieso] of the prosecuting accusation for
Lack of Fulfillment of Duties of Function committed against the State [and]
provid[ed] for the annulment of [his] criminal record.” In this respect, the State
emphasized that in this case “the Judge […] declar[ed] appropriate the means of
protection[,] act[ing] in accordance with the criteria of the Inter-American System of
[Human] Rights that permits the application of the statute of limitations as a means
of defense.” Regarding Mr. Guevara Guerra, the State informed that it has reserved
its judgment “until captured;”
d)
Order No. 394 of April 19, 2007, through which it was resolved: 1) “to
[a]rchive permanently the investigation begun on its own initiative against Pedro
Adrian Infantes Mandujano, the ex-Member of the Superior Court of Lima, for the