21 106. On November 2, 2004, the 16th Provincial Criminal Judge issued a resolution indicating that there were still important formalities to be carried out in the proceedings and ordering, inter alia: (1) that orders be given for the immediate location and arrest of the suspect, Evangelista Pinedo; (2) that witness statements be taken from the patrol members; and (3) that the Army Personnel Directorate be contacted urgently for it to report on the employment situation of the accused and, if still serving, “to make 109 him physically available to the court given the existence of an arrest warrant.” 107. On August 2, 2005, the 16th Provincial Criminal Court of Lima ordered a special 30-day extension of the deadline for the committal proceedings, in order for the formalities indicated in the judicial 110 resolution of November 2, 2004, to be carried out. In connection with the statements to be taken from the patrol members, an order was given for notice to be served on the National Registry of Identity and Marital Status (RENIEC), since according to the report submitted by the Army Personnel Directorate, 111 those troops were no longer serving. 108. On September 21, 2005, the 16th Criminal Judge of Lima recused himself from further hearing the proceedings, pursuant to administrative resolution 170-2004-CE-PJ whereby the jurisdiction of the Specialized Courts for Terrorism Offenses was expanded to allow them to hear cases involving common crimes that constituted human rights violations – which, in the opinion of the 16th Criminal Judge, was the case with the proceedings at hand. Consequently, the 16th Criminal Judge of Lima referred the case file to the clerk’s office for criminal proceedings of the Lima Superior Court of Justice, for 112 it to pass it on to the competent Specialized Court for Terrorism Offenses. 109. On December 19, 2005, The Judge of the 4th Supraprovincial Criminal Court asked the President of the Superior Chamber for an exceptional extension to pursue various formalities, including 113 taking statements from the defendant and from 11 members of the patrol. According to the report, as of December 19, 2005, the legal status of the defendant Antonio Mauricio Evangelista Pinedo was that of a 114 fugitive from justice. 110. On May 30, 2006, the Senior Prosecutor of the National Superior Criminal Prosecution Office asked the President of the National Criminal Chamber for an exceptional extension of 20 days in the committal proceedings deadline, in order for a statement to be taken from the defendant or, failing that, for his legal situation to be determined, and for witness statements to be taken from 11 members of 115 the patrol. 111. On May 31, 2006, the National Criminal Chamber denied the requested extension to the committal deadline, on the grounds that in the case at hand, “the limit for committal proceedings set by law has been exceeded and, in addition, the deadline has been extended on repeated occasions, […] and the failure to pursue the formalities requested by the representative of the Public Prosecution Service, at 109 Annex 68: Document of November 2, 2004, case file 167-04, SEC. Alcalá, signed by Mercedes D. Gómez, Judge. Annex to the petitioners’ communication of August 3, 2005. 110 Annex 69: Deed of official notification, case file 550-02, addressed to Dr. Ivonne Arroyo Azursa, with the seal of the 16th Criminal Court of Lima. Annex to the petitioners’ communication of August 3, 2005. 111 Annex 69: Deed of official notification, case file 550-02, addressed to Dr. Ivonne Arroyo Azursa, with the seal of the 16th Criminal Court of Lima. Annex to the petitioners’ communication of August 3, 2005. 112 Annex 70: Resolution of September 21, 2005, signed by Judge Mercedes D. Gómez, case file 550-02, Sec. Alcalá. Annex to the State’s communication of October 12, 2006. 113 Annex 71: Final expansion report addressed to the President (of the Superior Chamber), December 19, 2005, case file No. 069-05, Sec. Medina. Annex to the State’s communication of October 12, 2006. 114 Annex 71: Final expansion report addressed to the President (of the Superior Chamber), December 19, 2005, case file No. 069-05, Sec. Medina. Annex to the State’s communication of October 12, 2006. 115 Annex 73: Report No. 09-2006-4º FSPN-MP/FN, case file No. 13-06, May 19, 2006. Annex to the State’s submission of October 12, 2006.

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