Del Castillo, Víctor Hugo Sánchez Morales, Jesús Zamudio Aliaga, Raúl Huarcaya Lovon, Walter Martin Becerra Noblecilla, José Alvarado Díaz, Manuel Antonio Paz Ramos, Jorge Feliz Díaz, Juan Carlos Moral Rojas, and Tomas Cesar Rojas Villanueva. The charges were crimes against the life, body and health –qualified homicide- of Nicolás Eduardo Cruz Sánchez, Herma Luz Meléndez Cueva and another as yet unidentified person (preliminarily identified as Víctor Salomón Peceros Pedraza). He also filed formal charges against Juan Fernando Dianderas Ottone, Martin Solari De La Fuente and Herbert Danilo Angeles Villanueva. The charge against them was obstruction of justice by concealing the evidence. 39. On June 11, 2002, in case number 019-2002, the Judge of the Third Special Criminal Court issued the order to begin the evidentiary phase of the proceedings against Vladimiro Montesinos Torres and others, on charges of murder; he also ruled that there were no grounds to begin examining proceedings against Juan Fernando Dianderas Ottone, Martin Solari De La Fuente and Herbert Danilo Angeles Villanueva, for crimes against the administration of justiceobstruction of justice by concealing, destroying, covering up evidence. 40. The Office of the Ad Hoc Prosecutor for the Montesinos and Fujimori Cases filed an appeal seeking revocation of the June 11, 2002 order to begin the evidentiary phase of the proceedings. By a decision dated April 2, 2003, the Special Criminal Chamber of the Lima Superior Court overturned that part of the challenged order that found no grounds to commence evidentiary proceedings against Juan Fernando Dianderas Ottone, Martín Solari De la Fuente and Herbert Danilo Angeles Villanueva on charges of obstruction of justice. The Superior Court amended the lower court decision and thus ordered commencement of the evidentiary phase of the proceedings against the above-named persons, on charges of obstruction of justice. 41. The State informed that on June 30, 2002, the Judge of the Third Special Criminal Court opened the evidentiary phase of the trial against Juan Fernando Dianderas Ottone, Martin Solari De La Fuente and Herbert Danilo Angeles Villanueva, as if it were a separate, independent proceeding. The case was assigned number 024-2003. By order of August 12, 2003, the Criminal Chamber ordered joinder of case 024-2003 and case 019-20033, the latter being the principal case. 42. Concerning the jurisdictional challenge raised in the case, the State indicated that the Prosecutor for the Special Court-Martial accused Nestor Cerpa Cartolini and others of the crime of treason because of the raid on the residence of the Japanese Ambassador in Peru. The Special Supreme Military Tribunal therefore gave jurisdiction to the Army Court-Martial on December 18, 1996. The Chamber of the Army’s Special Court Martial named a Special Ad Hoc Military Criminal Judge to preside over the case, opening the proceedings and informing the Special Military Prosecutor. That case ended with the death of the MRTA rebels during the raid to retake the residence of the Japanese Ambassador. 43. The State informed that on June 26, 2002, the Office of the President of the Supreme Council of Military Justice decided that the Third Special Criminal Court of the Lima Superior Court should refrain from hearing case No.019-2002. He reasoned that the Armed Forces personnel named in that case were also named in the order to commence proceedings in the Court-Martial of the Supreme Council of Military Justice. In accordance with Article 23 of the Code of Criminal Procedure and in response to the request from the Supreme Council of Military Justice, the Third Special Criminal Court held that the jurisdictional challenge should run its course. 44. On August 16, 2002, the Transitory Criminal Law Chamber of the Supreme Court decided the jurisdictional challenge in favor of the military court system. It held that the preliminary proceedings being conducted in the military courts were to continue there, which meant that the Third Special Criminal Court was to transmit to the Office of the Chief Military Judge for Preliminary Proceedings of the Supreme Council of Military Justice, a certified copy of all 3 Information provided by the State, which seems to be made to case 019-2002. 7