-20situation and for the testimony to be taken from the 11 members of the patrol.82 On May 31,
2006, the National Criminal Chamber denied the extension because, in the present case “the
limit for committal proceedings set by law has been exceeded and the deadline has been
extended on repeated occasions, […] and the failure to pursue the procedures requested by
the representative of the Public Ministry, at the committal stage, poses no obstacle to the
adoption of the corresponding ruling.”83
74.
On July 14, 2006, the Fourth Superior Criminal Prosecutor formally accused Sgt.
Evangelista Pinedo of being the perpetrator of crimes against life, body and health -simple
homicide- with respect to Ms. Tarazona Arrieta and Ms. Pérez Chávez, and injuries with
respect to Mr. Bejarano Laura, and requested a sentence of 10 years in prison as well as the
joint payment with the civilly responsible third party of 30.000 New Soles as civil reparation
for each of the victims.84
75.
On October 3, 2006, the accused was a fugitive from justice and no date had been set
for the oral proceedings since he had not appeared before the National Criminal Chamber. 85
Between the years 2007 and 2008, the petitioners requested the President of the National
Criminal Chamber on three occasions to reissue the arrest warrant against Sgt. Evangelista
Pinedo and also to contact: 1) the Warrants Office of the PNP to immediately locate, arrest
and refer him to the judicial authorities; 2) the Immigration Office of the Ministry of Interior
and the National Office of Electoral Processes (hereinafter “ONPE”) for each of them to report
whether the accused had entered or left the country recently and whether he had voted in
the last elections, and 3) the Judicial Police, for it to report on the steps taken to arrest the
accused.86
76.
On June 27, 2007, the National Criminal Chamber reiterated the arrest warrants.87 On
July 12, 2007, the Immigration Directorate informed the Chamber that there were no
migratory movements by the accused. On July 16, 2007, the ONPE informed the Chamber
that Sgt. Evangelista Pinedo had voted in the first round of the 2006 general elections, as
well as in the regional and municipal elections of that year.88 On November 22, 2007, the
National Criminal Chamber ordered that it be kept in mind and added the reports to the
record.89
82
to 298).
Cf. Opinion N° 09-2006-4ºFSPN-MP/FN of the Superior Prosecutor of May 19, 2006 (evidence file, folios 296
Cf. Decision of the National Criminal Chamber in case file N° 13-06 of May 31, 2006 (evidence file, folios
299 to 300).
83
Cf. Opinion N° 12-2006-4ºFSPN-MP/FN of the Fourth National Superior Criminal Prosecutor of the Public
Ministry in case file N° 13-06 of June 14, 2006 (evidence file, folios 76 to 81).
84
Cf. Resolution N° 483 of the National Criminal Chamber in case file N° 13-06, Secretariat of the Mesa de
Partes, of October 3, 2006 (evidence file, folios 301 to 303).
85
Cf. Undated communication of the International Federation of Human Rights addressed to the President of
the National Criminal Chamber in case file N° 13-2006 (evidence file, folios 304 to 305); communication of the
International Federation of Human Rights addressed to the President of the National Criminal Chamber in case file
N° 13-2006, received on November 19, 2007 (evidence file, folios 306 to 307); and communication of the
International Federation of Human Rights addressed to the President of the National Criminal Chamber in case file
N° 13-2006, received on March 3, 2008 (evidence file, folios 308 to 310).
86
Cf. Decision of the National Criminal Chamber in case file N° 13-06 of June 27, 2007 (evidence file, folios
3073 to 3074).
87
Cf. Communication of the International Federation of Human Rights addressed to the President of the
National Criminal Chamber in file N° 13-2006, received on March 3, 2008 (evidence file, folios 308 to 310).
88
Cf. Decision of the National Criminal Chamber in file N° 13-06 of November 22, 2007 (evidence file, folios
3075 to 3076).
89