17 VILCAPOMA Valdemir, with the butt of an FAL, in the right eye, on January 26, 2001, in circumstances in which he was engaged in shooting practice at the firing range at Azapampa, which purportedly caused him to lose vision in his that eye.”46 66. On November 6, 2002, the Military Prosecutor of First Instance formalized the complaint against soldier Hilaquita Quispe for abuse of authority against soldier Valdemir Quispealaya Vilcapoma before the President of the Permanent War Council of the Second Zone of the Army.47 The complaint was based, among other alleged facts, on the Ophthalmological medical report of the Hospital El Carmen Huancayo, which indicated that Mr. Quispealaya suffered “diminished sharpness of his vision and palpebral ptosis (drooping eyelid) of his right eye due to alteration of the facial nerve” and “image of a cyst in the middle of his forehead,” as well as the psychological report of the Military Medical Center of Division No. 31 Manrique Mauricio Hilaria, who diagnosed that Mr. Quispealaya had “moderate depression,” and in a diagnosis of October 16, 2001 of Colonel San Zapana Calizaya, Chief of the Ophthalmology of HMC-Lima which stated that Mr. Quispealaya had “traumatic cataracts and chronic, advanced glaucoma in his right eye.”48 The complaint similarly indicated that “because the aforementioned Soldier was recruited physically healthy, it should be presumed that his health has deteriorated during the performance of his service, having to consider this fact as A CONSEQUENCE OF THE SERVICE for legal and administrative effects.”49 67. On November 12, 2002, the soldier Juan Hilaquita Quispe was deprived of liberty by order of the Permanent Military Judge of Huancayo, and he was held in the Cia PM No. 31 of Huancayo until August 26, 2003, in compliance with this security measure.50 68. On November 19, 2002, the Permanent Military Judge of Huancayo initiated a jurisdictional contest and requested that the 5th Criminal Court of Huancayo be relieved of jurisdiction.51 Reports of threats 69. On February 28, 2002, the petitioners reported to the Public Prosecutor that on January 15, 2002, Mr. Quispealaya traveled from Lima to Huancayo to visit his mother, and that when he returned on January 26, 2002 in the bus to Lima he was beaten by five unknown individuals who stole 46 Annex 19. Final Report No. 005-2003/5to. JMPH-2da ZJE of December 23, 2003. Annex to the State’s communication of October 18, 2004. 47 Annex 30. Complaint No. 317-02, Public Prosecutor of First Instance, Abuse of authority, signed by Walter G. Buleje Vez, Military Prosecutor of First Instance, November 6, Annex to the State’s communication June 26, 2009. 48 Annex 30. Complaint No. 317-02, Public Prosecutor of First Instance, Abuse of authority, signed by Walter G. Buleje Vez, Military Prosecutor of First Instance, November 6, Annex to the State’s communication June 26, 2009. 49 Annex 30. Complaint No. 317-02, Public Prosecutor of First Instance, Abuse of authority, signed by Walter G. Buleje Vez, Military Prosecutor of First Instance, November 6, Annex to the State’s communication June 26, 2009. 50 Annex 19. Final Report No. 005-2003/5to. JMPH-2da ZJE of December 23, 2003. Annex to the State’s communication of October 18, 2004; and Annex 20. El Peruano, p. 275124, Lima, Tuesday, August 24, 2004, Declaran fundada parte de la acción de inconstitucionalidad interpuesta contra diversos Articles de la Ley No. 24150, modificada por el D. Leg. No. 749. Annex to the State’s communication October 18, 2004. 51 Annex 17. Judicial Branch. Resolution of January 23, 2003, signed by Jorge Mendoza Ariste, Secretary of the First Criminal Chamber. Annex 23 of the petitioners’ communication of February 5, 2006.