29 the army or military patrols would enter the homes of local residents, steal their belongings and animals, and in some cases, even committed murder and rape. In this context and specifically in the Santa Bárbara area of the Department of Huancavelica, there were also continuous incursions by the Shining Path [who committed] murders, theft of food, tools and livestock, rapes and much destruction, so that the villagers found themselves between two fronts, which caused many of them to move to the cities, abandoning their homes and their crop fields. 69 Specifically, the sector known as Rodeo Pampa, located in that region, was considered as a “subversive zone, where there were continuous confrontations between the Army stationed in Lircay and [members of] the Shining Path.” 70 C. Events in the peasant community of Santa Bárbara 88. The case of the fifteen inhabitants of the peasant community of Santa Bárbara was documented on August 28, 2003, in the CVR’s Final Report, in a chapter entitled: “2.50. Extrajudicial Executions in Santa Bárbara (1991).” Subsequently, on February 9, 2012 and May 29, 2013, the National Criminal Chamber of the Superior Court of Justice of Lima and the Transitional Criminal Chamber of the Supreme Court of Justice of the Republic of Peru issued their respective judgments on this case. In this sub-section, the Court will refer to the way in which the events that occurred in the peasant community of Santa Bárbara were reported in those documents. 89. On July 2, 1991, two military patrols, (the “Escorpio” patrol, commanded by Infantry Lieutenant Javier Bendezú Vargas, and the “Angel” patrol, commanded by Lieutenant Abel Gallo Coca) set out from the military bases of Lircay and Santa Teresita, located in Huancavelica, to carry out “Operation Apolonia.” They took separate routes but with a similar final destination. 71 This military operation “was designed as part of the State’s policy to combat insurgents in the Province and Department of Huancavelica, by the Political and Military Commanders of Huancavelica, for the specific purpose of raiding the locality of Rodeo Pampa, community of Santa Bárbara” in order to “capture and/or destroy” terrorist elements operating in the area. The “Escorpio” patrol was accompanied by the child P.C.H, 72 supposedly a deserter from the Shining Path, who acted as their guide in the operation. The “Escorpio” patrol first headed towards the Cochajccsa area, then to the Julcani mine, and subsequently to Huarocopata and later to Palcapampa. 73 On July 3, 1991, this group met up with the “Ángel” patrol in Palcapampa, where both patrols spent the night. 74 90. On July 4, 1991, the “Escorpio” patrol, accompanied by a number of civilians, reached the hamlet of Rodeo Pampa in the peasant community of Santa Bárbara. The soldiers entered the homes of the alleged victims, forced everyone who was inside to come out and set fire to their houses. After seizing a large number of livestock, small farm animals and the belongings of the detainees, the soldiers detained and took away 14 villagers, including three girls, four boys, a 60 year-old man, five adult women, one of whom was six months pregnant, and an adult man, namely: Yesenia Osnayo Hilario, Miriam Osnayo Hilario, Edith Osnayo Hilario, Wilmer Hilario Carhuapoma, Alex Jorge Hilario, Raúl Hilario Guillén and Héctor Hilario Guillén (6 years, 3 years, 8 months, 3 years, 6 years, 1 year and 6 years of age, respectively); Francisco Hilario Torres (aged 60); Mercedes Carhuapoma de la Cruz , who was six months pregnant (aged 20); Cf. Final Report of the CVR of Peru, Volume VII, Chapter 2.50, page 531. Cf. Official letter No. 0462-91-MP-FPM-HVCA of July 23, 1991, sent by the Office of Huancavelica Mixed Provincial Prosecutor to the Senior Public Prosecutor of Huancavelica (evidence file, folios 3887 and 3888). 71 Cf. Final Report of the CVR of Peru, Volume VII, Chapter 2.50, page 544. 72 Cf. Judgment of the National Criminal Chamber of February 9, 2012 (evidence file, folio 4501). 73 Cf. Final Report of the CVR of Peru, Volume VII, Chapter 2.50, page 544. 74 Cf. Final Report of the CVR of Peru, Volume VII, Chapter 2.50, page 532, and Judgment of the National Criminal Chamber of February 9, 2012 (evidence file, folio 4503). 69 70

Seleccionar párrafo de destino3