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.

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