12
31
bullet shrapnel.” Mr. Bejarano Laura remained hospitalized at the hospital’s surgical service for three
32
days and received outpatient care until August 31, 1994, when he was given a clean bill of health.
Proceedings brought before the regular and military courts
64.
At around 11:15 p.m. on August 9, 1994, the on-duty prosecutor at the office of the 27th
Provincial Criminal Prosecutor of Lima ordered the homicide division of the National Police to take charge
of the investigation; consequently, a team from that division reported to the Ate Vitarte police station at
33
around 1:20 a.m. on August 10, 1994.
65.
On August 10, 1994, the Chief of the National Police of Peru in Ate Vitarte sent a report
to his superiors informing them of “the preliminary formalities carried out in connection with the firearm
killing of Zulema Tarazona Arrieta (22) and Norma Pérez Chávez (21), and the gunshot wounding of Luis
Alberto Bejarano Laura (26), which took place in this precinct at km 8 of the central highway, presumably
34
committed by members of the Peruvian Army.”
66.
Parallel to this, on August 10, 1994, the Brigadier was sent a report on the events of
35
August 9, 1994. The report states that “direct responsibility for the incident lies with Sergeant SecondClass Evangelista Pinedo Antonio, for disobeying orders and negligence leading to the deaths of two
civilians. In addition, Sgt. Maj. Vivas Chapilliquen Antonio failed in his command and control of the
36
personnel under his direct orders.” In connection with the steps taken by the patrol after learning of the
incident, the report states: (1) personal and immediate presence at the scene of the incident and, later at
the Ate-Vitarte police station; (2) entire patrol with weapons and equipment sent to the National Police’s
homicide division on August 10 for the pertinent ballistic testing; (3) upon identification by the homicide
division of Sgt. Evangelista Pinedo, he was immediately placed in detention; (4) contact was made with
the families of the deceased, and their funeral expenses were paid; (5) a lieutenant was appointed to
purchase a perpetual niche in Chosica cemetery, in accordance with the request made by the next-of-kin;
(6) a captain was appointed to visit the injured victim, Bejarano Laura, at the Vitarte Hospital, and to
37
establish contact with him to resolve his immediate needs.
67.
On August 10, 1994, the military authorities took a statement from Sgt. Evangelista
38
Pinedo. In his statement, Sgt. Evangelista Pinedo acknowledged that his gun had fired as he was
pulling it around in an attempt to stop the bus, even though the patrol commander had at no time ordered
him to stop vehicles, and that he later fled the scene, that he did not report the incident to his patrol
39
commander because he was afraid of the consequences, and that he became extremely nervous.
31
Annex 8: Medical report on patient Alberto Bejarano Laura, addressed to Dr. Luis Podesta Gavilano, Chief of
Surgery, September 17, 1994. Annex to the petitioners’ communication of January 22, 1996.
32
Annex 8: Medical report on patient Alberto Bejarano Laura, addressed to Dr. Luis Podesta Gavilano, Chief of
Surgery, September 17, 1994. Annex to the petitioners’ communication of January 22, 1996.
33
Annex 5: National Police of Peru statement No. 450-IC-H-DDCV, National Criminal Investigation Directorate, October
7, 1994. Annex to the petitioners’ communication of January 22, 1996.
34
Annex 24: Report No. 232-AP-07-DV of August 10, 1994, signed by Luis Valuez Celestino, National Police, chief of
Ate-Vitarte precinct. Annex to the State’s communication of February 27, 2002.
35
Annex 28: Report No. 005/MBM/BIM 40, addressed to the Brigadier in command of the 1st DIFFE Las Palmas.
Annex to the State’s communication of February 27, 2002.
36
Annex 28: Report No. 005/MBM/BIM 40, addressed to the Brigadier in command of the 1st DIFFE Las Palmas.
Annex to the State’s communication of February 27, 2002.
37
Annex 28: Report No. 005/MBM/BIM 40, addressed to the Brigadier in command of the 1st DIFFE Las Palmas.
Annex to the State’s communication of February 27, 2002.
38
Annex 29: Witness statement of Sergeant Second-Class Evangelista Pinedo Antonio at the office of S-2 of BIM no.
40, taken on August 10, 1994, at 2:20 p.m. Annex to the State’s communication of February 27, 2002.
39
Annex 29: Witness statement of Sergeant Second-Class Evangelista Pinedo Antonio at the office of S-2 of BIM no.
40, taken on August 10, 1994, at 2:20 p.m. Annex to the State’s communication of February 27, 2002.