10 Alberto Bejarano Laura as a consequence of the gunshot fired by Sergeant Second-Class Evangelista 12 Pinedo with his service weapon (FAL rifle). 58. On August 9, 1994, at around 8:40 p.m., a military patrol comprising 15 members of the Army, commanded by Sergeant Major Antonio Vivas Chapillequen and belonging to the 40th motorized infantry battalion from the La Pólvora – El Agustino barracks, was patrolling and conducting security 13 operations in the streets of Ate Vitarte in a Comandcar military vehicle. After detecting the presence of a group of suspicious individuals near the La Esperanza stop, the commander of the military patrol decided to continue on foot and divided his 14 soldiers into seven groups of two, in order to check the identities of 14 the passersby in the vicinity by asking them for their papers. The patrol was not ordered to intercept any 15 motor vehicles. Sergeant Second-Class Evangelista Pinedo, aged 18 and with eighteen months of 16 military service, made up one of the patrol groups with Corporal Arica López. 59. Around the same time on August 9, 1994, a public transport vehicle (Kombi bus), registration plate VE-12-05, driven by Galino Ambolaya, was covering the Lima-Chosica route and 17 stopped at La Esperanza to allow a passenger to alight. As the vehicle pulled away, two members of the Army – later identified as 2nd Sgt. Evangelista Pinedo and Cpl. Arica López – burst onto the road, their faces covered with balaclavas, with the intention of stopping the bus. The driver apparently did not see 18 them, and continued on his way. As the bus failed to stop, Sergeant Second-Class Evangelista Pinedo pointed his FAL rifle at the public transport vehicle and fired, causing the deaths of Ms. Zulema Tarazona 19 Arrieta and Ms. Norma Teresa Pérez Chávez and wounding Mr. Luis Alberto Bejarano Laura. 60. When the commander of the military patrol heard a shot in the distance, he counted his troops and found that two members were missing: Sergeant Second-Class Antonio Evangelista Pinedo 20 and Corporal José Carlos Arica López. Moments later, a civilian approached the commander to inform him that one of his soldiers had fired on a public transport vehicle and that, as a result, two people had 21 been injured. The patrol commander then got into the military vehicle to visit the scene of the incident, 12 Annex 1: Judgment of July 23, 2008, National Criminal Chamber, case file No. 13-06, Case: Antonio Evangelista Pinedo. Annex to the petitioners’ submission of July 27, 2011. 13 Annex 3: Report No. 12-2006-4ºFSPN-MP/FN of the Fourth National Superior Criminal Prosecutor of the Public Prosecution Service, case file No. 13-06, July 14, 2006. Annex to the State’s communication of October 12, 2006. 14 Annex 3: Report No. 12-2006-4ºFSPN-MP/FN of the Fourth National Superior Criminal Prosecutor of the Public Prosecution Service, case file No. 13-06, July 14, 2006. Annex to the State’s communication of October 12, 2006. 15 Annex 3: Report No. 12-2006-4ºFSPN-MP/FN of the Fourth National Superior Criminal Prosecutor of the Public Prosecution Service, case file No. 13-06, July 14, 2006. Annex to the State’s communication of October 12, 2006. 16 Annex 3: Report No. 12-2006-4ºFSPN-MP/FN of the Fourth National Superior Criminal Prosecutor of the Public Prosecution Service, case file No. 13-06, July 14, 2006; Annex to the State’s communication of October 12, 2006; and Annex 1: Judgment of July 23, 2008, National Criminal Chamber, case file No. 13-06, Case: Antonio Evangelista Pinedo; Annex to the petitioners’ submission of July 27, 2011. 17 Annex 3: Report No. 12-2006-4ºFSPN-MP/FN of the Fourth National Superior Criminal Prosecutor of the Public Prosecution Service, case file No. 13-06, July 14, 2006. Annex to the State’s communication of October 12, 2006. 18 Annex 3: Report No. 12-2006-4ºFSPN-MP/FN of the Fourth National Superior Criminal Prosecutor of the Public Prosecution Service, case file No. 13-06, July 14, 2006; Annex to the State’s communication of October 12, 2006; and Annex 1: Judgment of July 23, 2008, National Criminal Chamber, case file No. 13-06, Case: Antonio Evangelista Pinedo; Annex to the petitioners’ submission of July 27, 2011. 19 Annex 1: Judgment of July 23, 2008, National Criminal Chamber, case file No. 13-06, case: Antonio Evangelista Pinedo. Annex to the petitioners’ submission of July 27, 2011. 20 Annex 11: Statement given by Antonio Vivas Chapillequen of the Peruvian Army to the representative of the Public Prosecution Service on August 17, 1994. Annex to the petitioners’ communication of January 22, 1996. 21 Annex 11: Statement given by Antonio Vivas Chapillequen of the Peruvian Army to the representative of the Public Prosecution Service on August 17, 1994. Annex to the petitioners’ communication of January 22, 1996.