16 Amnesty laws 79. On June 14, 1995, Congress enacted Law No. 26479, granting amnesty to military and police personnel and civilians involved in human rights violations committed between May 1980 and the 67 law’s enactment on that same day. 80. Under the terms of Article 1 of Law No. 26479, the benefit covered all military, police, and civilian officials reported, investigated, accused, charged, prosecuted, or convicted of common or military crimes by either the military or regular courts. Article 4 of the Law ordered the immediate release of all persons detained, arrested, in prison, or serving custodial sentences. Article 6 ordered the archiving of all judicial proceedings, whether pre- or post-sentencing, and prohibited the opening of fresh investigations into the facts addressed by those proceedings. 81. On June 28, 1995, Congress enacted Law No. 26492, interpreting Article 1 of Law No. 26479 as meaning that the general amnesty was to be obligatorily enforced by judicial agencies and covered all incidents arising from or occurring as a consequence of the fight against terrorism, from May 1980 to June 14, 1995, regardless of whether the military, police, or civil personnel involved had or had not been reported, investigated, prosecuted, or convicted, and sending all judicial proceedings at the pre68 or post-sentencing stage to the archive. Enforcement of Amnesty Law No. 26479 in the case at hand 82. On June 16, 1995, the civil complainant wrote to the 27th Provincial Criminal Prosecutor of Lima requesting that the Amnesty Law not be applied in the case at hand because it was patently 69 unconstitutional. 83. On June 20, 1995, the Supreme Military Justice Council resolved to extend the benefit of amnesty to Sergeant Second-Class Antonio Evangelista Pinedo (Article 1 of Law No. 26479), finding that 70 his actions on August 9, 1994, took place during the fight against terrorism. The resolution indicates that, consequently, orders were given for the lifting of any measure restricting the freedom of the accused, the archiving of the proceedings, the cancellation of the police, court, and criminal records recorded in connection therewith, and the communication of the resolution to the corresponding judicial 71 body for its execution. 84. Later, on June 23, 1995, Antonio Evangelista Pinedo asked the 27th Specialized Criminal Judge of Lima to enforce the benefits of Law No. 26479, on the grounds that the incident of August 9, 1994, took place during a countersubversive operation and during his hours of service as a member of the Peruvian Army, involving actions arising from or occurring as a consequence of the fight against 72 terrorism, and during the extended state of emergency in Lima department and the province of Callao. 67 Law No. 26.479, granting a general amnesty to military and police personnel and civilians in various cases, published in El Peruano on June 15, 1995. 68 Law No. 26.492, enacted on June 30, 1995, and published in El Peruano on July 2, 1995. 69 Annex 41: Document sent to the 27th Provincial Criminal Prosecutor of Lima on June 16, 1995, signed by Ivana M. Montoya Lizárraga and Santiago Pérez Vera. Annex to the State’s communication of December 14, 2004. 70 Annex 40: Document dated June 20, 1995, signed by the Secretary of the Supreme Military Justice Council, Col. Roger N. Araujo Calderón. Annex to the State’s submission of February 27, 2002. 71 Annex 40: Document dated June 20, 1995, signed by the Secretary of the Supreme Military Justice Council, Col. Roger N. Araujo Calderón. Annex to the State’s submission of February 27, 2002. 72 Annex 39: Document of June 23, 1995, received at the 27th Criminal Court on June 26, 1995, addressed to the Specialized Criminal Judge of Lima. Annex to the State’s submission of February 27, 2002.