21 99 proceedings No. 859-92. The IACHR finds no documents in the judicial case file indicating the performance of that formality or of any other until January 18, 1995. On that date, a second auditor’s ruling was adopted, in favor of the dismissal of the proceedings on the grounds that “the committal phase has not proven the existence of the alleged crimes; that Lt. Tello Delgado acted in accordance with his 100 service duties […] the record contains no reliable proof of that the crimes examined were committed…” 84. On February 7, 1995, the Permanent Court-Martial ordered the dismissal of the 101 proceedings and their referral to the military prosecutor, who issued prosecutorial opinion No. 119-95 on April 19, 1995, stating that “the non-commission [of the alleged crime] and the absence of 102 responsibility of the accused have been proven […].” Following the referral of the proceedings to the Supreme Military Justice Council, it adopted a final decision on February 7, 1996, confirming the deed of 103 dismissal and ordering the proceedings sent to the archive. (c) The criminal proceedings initiated before the regular courts in 2004 85. On June 14, 2004, Porfirio Osorio Rivera filed a fresh criminal complaint with the Specialized Prosecutor for Forced Disappearances, Extrajudicial Killings, and Exhumation of Clandestine Graves of Lima (hereinafter “the Specialized Prosecutor of Lima”), seeking the resolution of his brother’s 104 forced disappearance. On June 25, 2004, the Specialized Prosecutor requested the Supreme Military 105 Justice Council to forward the proceedings in case file No. 850-92. On June 8, 2005, the Specialized Prosecutor of Lima declined jurisdiction in favor of the Mixed Provincial Prosecution Office of Cajatambo, 106 attached to the Huaura Judicial District. 86. On October 26, 2005, the Mixed Provincial Prosecution Office of Cajatambo formally filed criminal charges against Juan Carlos Tello for crimes against humanity, in the form of forced disappearance, and for crimes against personal liberty, in the form of abduction, with respect to Jeremías 107 Osorio Rivera. On November 10, 2005, the Mixed Court of Cajatambo decided to open committal 108 proceedings against the defendant for the crimes listed in the prosecutorial complaint. At the request of the injured party, the proceedings were referred to the Supraprovincial Criminal Chamber for cases of serious human rights violations, which awarded jurisdiction to the Fourth Supraprovincial Criminal Court. 87. At the end of the investigation stage, the Second National Superior Criminal Prosecutor filed charges against Juan Carlos Tello for crimes against humanity / forced disappearance, requesting a 109 prison term of 20 years and the sum of fifty thousand new soles as civil redress. On April 29, 2008, the National Criminal Chamber ordered the commencement of the trial and ruled that grounds existed for 99 Annex 69: Document No. 834-94/3JMP-2da.ZJE of May 23, 1994, addressed to “Army Colonel, Director of the School of Psychological Operations – CGE,” requesting “the attendance of the senior officer indicated.” 100 Annex 70: Auditors’ ruling No. 260-95 of January 18, 1995. Partially illegible document. 101 Annex 71: Dismissal resolution issued by the Permanent Court-Martial of the Second Army Judicial District on February 7, 1995. 102 Annex 72: Prosecutor’s report No. 119-95, issued on April 19, 1995, by Military Prosecutor Lt. Col. Daniel Velásquez 103 Annex 73: Resolution of the Supreme Military Justice Council of February 7, 1996. 104 Annex 74: Complaint lodged by Porfirio Osorio Rivera with the Specialized Prosecutor of Lima on June 14, 2004. Sabatti. 105 Annex 75: Document from the Specialized Prosecutor of Lima, dated June 25, 2004, addressed to the Supreme Military Justice Council. 106 Annex 76: Resolution declining jurisdiction of June 8, 2005, issued by the Specialized Prosecutor of Lima. 107 Annex 77: Criminal complaint No. 109-2005-MP-FPM-Cajatambo, dated October 26, 2005. 108 Annex 78: Resolution issued by the Mixed Court of Cajatambo on November 10, 2005, case file No. 077-2005-P. 109 Annex 79: Ruling No. 119-2007-2FSPN-MP-FN of October 30, 2007. Annex to the petitioners’ communication of February 19, 2010, received by the IACHR on March 9 of that year.