25
detained or disappeared.
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1991.
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Nicolás Hilario Morán and Lorenzo Quispe Huamán were held until November 12,
132. On November 29, 1991, Zósimo Hilario Quispe filed a complaint with the Huancavelica Mixed
Provincial Prosecutor's Office against Peruvian army personnel Javier Bendezu Vargas, Fidel Ausebio Huayta, Oscar
Carrera González, Carlos Prado Chinchay, and Dennis Pacheco for crimes against life (aggravated homicide),
property, personal liberty, and other offenses, to the detriment of the seven adults and seven children who
disappeared on July 4, 1991, so that the office of the prosecutor might present the relevant criminal complaint to
the appropriate examining magistrate's court, given that these were common crimes classified in the Criminal
Code. Accompanying the complaint were certified copies of the entire investigation that the Office of the
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Huancavelica Prosecutor for Crime Prevention had carried out.
133. Subsequently, in a written communication to the Prosecutor General of the Nation dated December
4, 1991, the petitioners requested that those responsible for the acts under investigation be tried in the ordinary
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jurisdiction, as established in the Constitution and laws, and not in the military jurisdiction.
134. On February 5, 1992, Zósimo Hilario Quispe, presented a jurisdictional plea to the Peruvian Army’s
Second Judicial District, requesting the Permanent Court Martial of Ayacucho to refrain from hearing the case and
to refer it to the Huancavelica Examining Magistrate, on the grounds that the military jurisdiction was only
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competent to examine offenses committed in the line of duty.
135. On February 7, 1992, Dr. Manuel Córdova Polo, who was in charge of the Huancavelica Mixed
Provincial Prosecutor's Office, brought a criminal complaint against Infantry Lieutenant Javier Bendezú Vargas;
NCO, Third Class, Duilio Chipana Tarqui; NCO, Second Class, Fidel Ausebio Huaytalla; Sargent, First Class, Oscar
Carrera Gonzáles; Sargent, Second Class, Carlos Saa Prado Chinchay, and Sargent, Second Class, Dennis Saa
Pacheco Zambrano, all members of the 43rd Pampas Counter Subversive Battalion, for crimes against life, the
person, and health, in the form of genocide; against property, in the form of larceny, damages, and extortion;
against the public administration – abuse of authority; and against the administration of justice, to the detriment
of Francisco Hilario Torres, Ramón Hilario Morán, Dionisia Quispe Mallqui, Antonia Hilario Quispe, Magdalena
Hilario Quispe, Mercedes Carhuapoma de la Cruz , Dionisia Guillén Riveros, Alex Jorge Hilario, Yesenia Osnayo
Hilario, Héctor Hilario Guillén, Miriam Osnayo Hilario, Wimer Hilario Carhuapoma, Raúl Hilario Guillén, Roxana
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Osnayo and Elihoref Huamaní Vergara, all of whom were campesinos from the community of Santa Barbara.
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Appendix 8. Written communication of November 13, 1991, from CEAPAZ to the Office of the Prosecutor General.
Appendix 27 to the petitioners’ brief of February 20, 1992.
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Appendix 8. Written communication of November 13, 1991, from CEAPAZ to the Office of the Prosecutor General.
Appendix 27 to the petitioners’ brief of February 20, 1992.
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Appendix 23. Complaint of Zósimo Hilario Quispe presented on November 29, 1991, to the Huancavelica Mixed
Provincial Prosecutor's Office. Appendix 40 to the petitioners’ brief of February 20, 1992; Appendix 1. Final Report of the Truth
and Reconciliation Commission of Peru. Volume VII. Chapter 2: Cases Investigated by the CVR 2.50. The Extrajudicial Executions
in Santa Barbara. Procedures of the Huancavelica Mixed Provincial Prosecutor's Office.
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Appendix 24. Written communication of CEAPAZ of December 4, 1991, presented to the Office of the Prosecutor
General. Appendix 41 to the petitioners’ brief of February 20, 1992.
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Appendix 25. Jurisdictional plea submitted by Zósimo Hilario Quispe on February 5, 1992, to the Army's Second
Judicial District. Appendix 39 to the petitioners’ brief of February 20, 1992.
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Appendix 26. Huancavelica Mixed Provincial Office of the Attorney General, Complaint No. 19-92, of February 7,
1992, signed by Manuel Antonio Córdova Polo, Huancavelica Provincial Prosecutor. Appendix 3 to the petitioners’ brief of June
8, 1993; Appendix 1. Final Report of the Truth and Reconciliation Commission of Peru. Volume VII. Chapter 2: Cases
Investigated by the CVR 2.50. The Extrajudicial Executions in Santa Barbara. Procedures of the Huancavelica Mixed Provincial
Prosecutor's Office.