16 “upon evaluation, this person exhibits conduct of insecurity, fear, the need for emotional support, in light of stressful situations related to anxiety. Socially, he displays little spontaneity for managing his interpersonal contact.”41 62. On September 28, 2002, a medical report was issued by the Chief of the Department of Ophthalmology of the Central Military Hospital, in which it was concluded that “patient with alter effects of a severe traumatic injury that is very advanced, which is why he was unable to recover vision in spite of treatment. His healthy left eye has good vision corrected by ametropia (shortsightedness) is of a congenital nature.”42 Criminal proceedings 63. On September 20, 2002, the Provincial Prosecutor of Huancayo filed a criminal indictment against Juan Hilaquita Quispe for the commission of a crime against the body, health and life in the manner of serious injuries to the detriment of Valdemir Quispealaya Vilcapoma.43 64. On October 21, 2002, the 5th Criminal Court of Huancayo ordered the opening of an investigation of Juan Hilaquita Quispe for serious injuries to the detriment of Valdemir Quispealaya Vilcapoma and issued a warrant for the defendant’s arrest, among other reasons, because there were “sufficient elements of proof that the accused is trying to elude justice or interfere with the collection of proof.”44 Furthermore, the 5th Criminal Court of Huancayo ordered, among other procedural steps: 1) that the testimony of the defendant be taken; 2) that the preventive testimony of the victim be taken; 3) that the medical experts Carlos Paz Cabrera, Walter Maíca Jaureguía and Norka Yupanqui Bonilla be notified so that they could ratify their conclusions in the proceedings in an immediate hearing; 4) that Luis Ordaya Melendez be named as a medical expert in order to carry out a new medical forensic report; 5) that November 13, 2002 be set aside to perform the judicial inspection and reconstruction of the events; 6) that the medical testimony of Drs. Chang and Granados be received; 7) that the affidavit (declaración testimonial) of Technician Calderon of November 13, 2002 be received; and 8) that notice be given to the medical department of the December 9 Battalion to send the medical examinations performed on the victim when he enlisted into the military service.45 Proceedings before the military jurisdiction 65. In a notice of November 4, 2002, the General Commander of the 31st DI Huancayo Reportd the Permanent War Council of the Second Judicial Zone “about the circumstances involving the alleged beating that SO1 OC Hilaquita Quispe, Juan, may have dealt to Soldier SM QUISPEALAYA 41 Annex 10. Forensic Psychological Examination No. 006503-02-MP-FN-IML of June 11, 2002. Annex 11 of the petitioners’ communication of February 5, 2006. 42 Annex 11. Medical Report signed by Felix Zapana of September 28, 2002. Annex 9 of the petitioners’ communication of February 5, 2006. 43 Annex 12. Criminal indictment presented by the Provincial Prosecutor’s Office of Huancayo on September 20, 2002. Annex 17 of the petitioners’ communication of February 5, 2006. 44 Annex 5. Order opening the investigation of October 21, 2002. Investigation 2002-0783-150101JP05. 5th Criminal Court of Huancayo. Annex to the State’s communication of July 8, 2009. 45 Annex 5. Order opening the investigation of October 21, 2002. Investigation 2002-0783-150101JP05. 5th Criminal Court of Huancayo. Annex to the State’s communication of July 8, 2009.