78
Proceedings before the Second Supraprovincial Criminal Court
197(69)
On May 31, 2005 the Specialized Prosecutors’ Office for Forced
Disappearances, Extrajudicial Killings, and Exhumation of Clandestine Graves
presented criminal accusation No. 35-02, for the Crime against the Life, Body, and
Health, Aggravated Murder, against the alleged victims that died in this case, based
on the events that occurred in the Criminal Center Migual Castro Castro between the
days of May 6 and 10, 1992.111
197(70)
On June 16, 2005 the Second Supraprovincial Criminal Court issued
the Order for the Preliminary Proceedings to commence in process No. 0045-2005,
corresponding to the investigation of the facts occurred in the Criminal Center Castro
Castro between the days of May 6 and 9, 1992, against Juan Briones Dávila (former
Secretary of the Interior), Adolfo Cuba y Escobedo (former General Director of the
National Police Force), Miguel Barriga Gallardo (General of the National Police Force
of Peru), Teófilo Vásquez (Colonel of the National Police Force of Peru), General
Lieutenant Federico Gonzalo Hurtado Esquerre (former DINOES chief of the National
Police Force of Peru), Colonel Jesús Artemio Konja Chacon (Head of the National
Police Force of Peru in 1992), General Alfredo Vivanco Pinto (Colonel of the National
Police Force of Peru), Colonel Jesús Manuel Pajuelo García (Sub chief of “Operative
Transfer 1”), Commander Jorge Luis Lamela Rodríguez, Mayor Félix Guilleromo
Lizarraga Lazo, Colonel Estuardo Napoleón Mestanza Bautista, and Mayor José Raúl
Málaga Johnson for Crimes against Life, Body, and Health, Aggravated Murder Murder, and against Gabino Marcelo Cajahuanca Parra (former Director of the Miguel
Castro Castro Prison) for the crime of Improper Omission of Murder- Murder, against
the alleged victims that died in this case. Additionally, a restricted order of
appearance was issued against each of the accused, and certain proceedings, such
as preliminary statements of the accused, testimonial statements, and preventive
statements of the victims’ next of kin were ordered.112
197(71)
On November 7, 2005 the Second Supraprovincial Criminal Court
declared process No. 0045-2005 complex, due to the number of evidentiary means
that were still pending, the plurality of accused and offended, the series of facts
subject of the preliminary proceedings, and the seriousness of the crime object of
judicial investigation. Additionally, it ordered that the term of the preliminary
proceedings be extended for six months, in order to perform certain diligences, such
as the preliminary statement of an accused, receiving testimonial statements from
45 people, and diligences of expert ratification and judicial inspection.113
Canto Grande, page 785 (dossier of appendixes to the petition, appendix 6, corresponding to a compact
disc).
111
Cfr. Accusation presented by the Specialized Prosecutors’ Office for Forced Disappearances,
Extrajudicial Killings, and Exhumation of Clandestine Graves, on May 31, 2005 (dossier of appendixes to
the response to the petition, folio 5303).
112
Cfr. Order for Preliminary Proceedings to Commence issued by the Second Supraprovincial Court
of Peru on June 16, 2005 (dossier of appendixes to the response to the petition, folios 5373 to 5477).
113
Cfr. Ruling Delcaring the Complexity of the Proceedings issued by the Second Supraprovincial
Court of Peru on November 7, 2005 (dossier of appendixes to the response to the petition, folio 5479).