28
of June 26, 1991.44
67.n) Based on the application filed by the Gómez Paquiyauris and on police
record No. 281-IC-H-DDCV, on June 27, 1991, the Fifth Criminal Prosecutor’s
Office formalized a criminal complaint before the trial judge on duty, against
several agents of the Peruvian National Police, including Sergeant Francisco
Antezano Santillán, noncommissioned officer Ángel del Rosario Vásquez
Chumo and Captain César Augusto Santoyo Castro, for the crime of
aggravated homicide against Rafael Samuel and Emilio Moisés Gómez
Paquiyauri, processed as file 227-92.45
67.o) On September 2, 1992 the Fifth Criminal Court of El Callao issued the
final pronouncement of the preliminary stage.46
67.p) On November 9, 1993 the Third Criminal Chamber of El Callao issued a
judgment (hereinafter “the November 9, 1993 judgment”),47 in which:
67.p.1)
it convicted Sergeant Francisco Antezano Santillán as
the perpetrator of the crime of aggravated murder against Rafael
Samuel Gómez Paquiyauri and Emilio Moisés Gómez Paquiyauri, and
for the crime against the jurisdictional function of the legal system, to
the detriment of the State, sentencing him to eighteen years in prison
and two years of disenfranchisement;
67.p.2)
it convicted noncommissioned officer Ángel del Rosario
Vásquez Chumo as an accomplice, for the crime of aggravated
homicide against Rafael Samuel Gómez Paquiyauri and Emilio Moisés
Gómez Paquiyauri, and for the crime against the jurisdictional function
of the legal system to the detriment of the State, to six years in prison
and two years of disenfranchisement;
67.p.3)
it ordered that the convicts pay to the next of kin of the
alleged victims a civil reparation of twenty thousand nuevos soles;
67.p.4)
it established that there was a mastermind of the facts,
Captain César Augusto Santoyo Castro of the Peruvian National Police,
who “told operator Antezano Santillán to take the detainees in the
trunk of the car [...] with the aim of killing them and that this order
44
See police record No. 281-IC-H-DDCV of June 26, 1991 (file with appendixes to the application,
volume I, appendix 13, leaves 88 to 131).
45
See formalization of the criminal complaint by the Provincial Prosecutor of the Fifth Criminal
Prosecutor’s Office of El Callao on June 27, 1991 (file with appendixes to the application, volume I,
appendix 14, leaves 132 to 134).
46
See final pronouncement of the investigative phase of the proceeding conducted by the Fifth
Criminal Court of El Callao on September 21, 1992 (file with appendixes to the application, volume I,
appendix 20, leaves 279 to 287).
47
See judgment issued by the Third Criminal Chamber of El Callao on November 9, 1993 (file with
appendixes to the application, volume I, appendix 21, leaves 288 to 318).