19
events took place. There was an evident disproportion between the riots
danger and actions taken to subdue it; 23
k.
Supreme Order No. 006-86-JUS allowed that exclusive military court
to get knowledge of the events resulting from the subduing of the riots, not
excluding the common jurisdiction. On August 27, 1986, the Supreme Court
settled the competence debate stating that corresponding knowledge of the
process should be placed on the military court. 24
l.
the 2nd Navy Permanent Instruction Court started a proceeding to
determine the possible penal responsibility of Navy's members who subdued
the uprisings.
On June 6, 1987 the cause was acquitted, and it was
determined that there was no responsibility among the defendants; such
decision was confirmed on the 16 of the same month and year by the
Permanent Council of the Navy. By decision of the Supreme Council of
Military Justice the proceeding was reopened to implement some missing
proceedings, none of them had any relationship with the identification of the
detainees. It definitively concluded on July 20, 1989 reaching the decision
that there was no responsibility among those who subdued the riots; 25
ll.
according to the proceeding discussed in the military court, 111
persons died (bone remains of 14 persons and 97 corpses) and 34 survivors
who surrendered, amounting to a total of 145 persons, while the unofficial list
handed by the President of the National Penitentiary Council included 152
inmates before the riots. Removal of debris was carried out from June 20,
1986 to March 31, 1987; 26
m.
identification of bodies was not carried out diligently enough after the
riot subduing, and no help was requested from victims' relatives to this end.
23
cf. Majority opinion by the Investigating Commission of the Congress of Peru, regarding the
events on June 18 and 19, 1986, at Lurigancho, El Frontón, and Santa Bárbara prisons, Lima, December,
1987; para. 134, 135 to 167, 238, 255, and 257; Minority opinion by the Investigating Commission of the
Congress of Peru, regarding the events on June 18 and 19, 1986, at Lurigancho, El Frontón, and Santa
Bárbara prisons, Lima, December, 1987; para. 48, 50 to 54 from Minority's Observations and 134, 156 to
189 and 277 to 281; Supreme Order No. 012-86-JUS of June 2, 1986; testimonies of Ricardo Aurelio
Chumbes Paz, César Delgado Barreto, Rolando Ames Cobián, Guillermo Tamayo Pinto Bazurro, and
Enrique Bernardo Cangahuala before the Court in Neira Alegría Case and newspaper's articles on the
events that took place at San Juan Bautista prison (former El Frontón), San Pedro (former Lurigancho),
and Santa Bárbara.
24
cf. Majority opinion by the Investigating Commission of the Congress of Peru, regarding the
events on June 18 and 19, 1986; at Lurigancho, El Frontón, and Santa Bárbara. Lima, December, 1987;
pp. 144, 153, 218, 235, and 257; and Minority opinion by the Investigating Commission of the Congress
of Peru, regarding the events on June 18 and 19, 1986, at Lurigancho, El Frontón, and Santa Bárbara.
Lima, December, 1987, pp. 53 from Minority's Observations and 238.
25
cf. Proceeding held at the military jurisdiction on the possibilities of a penal responsibility of the
Navy members who subdued the riots.
26
cf. List handed on June 18, 1986 by the Head of Identification of San Juan Bautista penitentiary
to the 2nd Permanent Instruction Court of the Navy where a proceeding had started because of the events
at El Fronton; proceedings held at the military court on the possible penal responsibility of Navy members
who subdued the riots; autopsies made to inmates' bodies at El Frontón by doctors Augusto Yamada, Juan
Herver Kruger, and Jose Ráez González; Majority opinion by the Investigating Commission of the Congress
of Peru, regarding the events on June 18 and 19, 1986 at Lurigancho, El Frontón, and Santa Bárbara
prisons. Lima, December, 1987, pp. 167 and 168; and Minority opinion by the Investigating Commission
of the Congress of Peru; about the events on June 18 and 19, 1986 at Lurigancho, El Frontón, and Santa
Bárbara. Lima, December, 1987, pp.188, 189 and 283.