34
E. Investigation and judicial proceedings opened in connection with the facts of this
case
104. The investigations and judicial proceedings initiated in connection with the facts of this
case include additional facts attributed to military personnel to the detriment of persons that are
not part of the fifteen victims in this case, as well as the alleged commission of other crimes,
such as rape, theft and extortion against persons who have not been identified as victims in this
case. The Court will refer exclusively to the facts of the case that has been submitted to this
Court in order to achieve a detailed understanding.
E.1. The Military Jurisdiction: Sixth Permanent Military Tribunal of the Second Army Judicial
District of Ayacucho (Military proceedings against Lieutenant Javier Bendezú Vargas and others)
105. After the complaint was filed before the Permanent Court-Martial of the Second Army
Judicial District for the abuses committed by a counterinsurgency patrol from Battalion No. 43Pampas against 14 members of the Santa Bárbara peasant community, identified as “alleged
subversive criminals of the peasant community of Rodeo Pampa,” said military court decided on
October 23, 1991, to open an investigation for the crimes of aggravated homicide, theft, abuse
of authority, disobedience, negligence, extortion and offenses against the duty and dignity of
the service, among others, against the following persons: Infantry Lieutenant Javier Bendezú
Vargas; Communications Lieutenant Abel Gallo Coca; NCO, Second Class, Fidel Eusebio
Huaytalla; NCO, Third Class, Duilio Chipana Tarqui; Sergeant, First Class, Oscar Alberto Carrera
Gonzáles; Sergeant, Second Class, Carlos Manuel Prado Chinchay, and Sergeant, Second Class,
Dennis Pacheco Zambrano. In addition, the jurisdiction of the Sixth Permanent Military Tribunal
of Ayacucho was authorized to investigate and process the case. 104
106. In a ruling of October 28, 1991, the judge of the Sixth Permanent Military Tribunal of
Ayacucho decided to take up the case and to receive preliminary statements from the accused,
for whom he issued pre-trial detention orders. He also ordered several evidentiary procedures
to be carried out and to notify the Superior Court of Justice of Huancavelica, requesting
information as to whether there was a proceeding underway on the same charges. 105
107. On December 1 and 31, 1991, the death certificates of Francisco Hilario Torres and
Dionicia Quispe Mallqui were registered, stating the date of death as July 4, 1991. According to
said certificates, the death was accredited with a medical certificate. 106 On February 25, 1992,
the judge of the Sixth Permanent Military Tribunal of Ayacucho ordered the registration of the
death certificates of Antonia Hilario Quispe, Ramón Hilario Morán, Dionicia Guillén Riveros,
Magdalena Hilario Quispe, Mercedes Carhuapoma de la Cruz and Elihoref Huamaní Vergara, as
well as those of the children Yesenia and Miriam Osnayo Hilario, Raúl and Héctor Hilario Guillén,
Alex Jorge Hilario and Wilmer Hilario Carhuapoma. This was carried out on March 6, 1992. The
Court has found that in these death certificates, the date of death was given as July 4, 1991,
and the ages given in those documents do not coincide with the ages of those persons as of July
4, 1991; furthermore, the ages of the six children were indicated as being over 18 years of
age. 107
108. In a judgment handed down on October 16, 1992, the Permanent Court Martial of the
Second Army Judicial District decided to convict Infantry Lieutenant Javier Bendezú Vargas for
the crime of abuse of authority, with the aggravating factor of mendacity, to the detriment of
104
Cf. Record of opening of the preliminary investigation of October 23, 1991, of the Permanent Court-Martial of
Peru (evidence file, folio 123), and Official letter No. 6671/SEMD-D of the Ministry of Defense of October 25, 1991
(evidence file, folios 70 to 72).
105
Cf. Ruling of October 28, 1991, of the Sixth Permanent Military Court of Ayacucho (evidence file, folio 3914).
106
Cf. Death certificates (evidence file, folios 3738 and 3747).
107
Cf. Death certificates (evidence file, folios 3731 to 3743).