37 117. On August 19, 1994, the Mixed Chamber of the Huancavelica Superior Court declared that there was merit to initiate oral proceedings against Javier Bendezú Vargas, Duilio Chipana Tarqui, Fidel Gino Eusebio Huaytalla, Oscar Alberto Carrera Gonzáles, Carlos Saa Prado Chinchay and Dennis Wilfredo Pacheco Zambrano for the crimes of genocide, abuse of authority, damages, theft and offenses against the administration of justice, among others. It also set dates for various evidentiary procedures and, without declaring the accused as absent defendants, asked the Military Tribunal of Lima Military Police Battalion No. 501-Rímac, to order the transfer of the defendant Javier Bendezú Vargas to the prison of Huancavelica, and requested that the Second Army Judicial District of the Permanent Military Tribunal of Ayacucho, order the appearance of the defendants Duilio Chipana Tarqui, Fidel Gino Eusebio Huaytalla, Oscar Alberto Carrera Gonzáles, Carlos Saa Prado Chinchay and Dennis Wilfredo Pacheco Zambrano. 120 E.4. Application of Amnesty Law No. 26.479 in the Military Jurisdiction and the Ordinary Jurisdiction 118. On June 14, 1995, Congress enacted Law No. 26.479, Articles 1, 4 and 6 of which established that: Article 1: A general amnesty is granted to military and police personnel and civilians, regardless of the corresponding military, police or functional situation, who are denounced, investigated, indicted, tried or convicted for common or military crimes in the ordinary or military jurisdictions for any act arising from or occurring as a consequence of the fight against terrorism and that might have been committed individually or as a group from May 1980 until the date of the enactment of the present Law. Article 4: The ordinary and military courts and judicial and executive branches shall immediately proceed, under responsibility, to cancel the police, judicial or criminal records that might have been filed against those persons who are amnestied by this Law, as well as to lift any restrictive measure of freedom that might affect them. They shall also proceed to release from prison those amnestied who have been arrested, detained, imprisoned or preventively deprived of their freedom, not including the administrative measures. Article 6: The actions or crimes included in the present amnesty, as well as the definitive acquittals and absolutions cannot be subject to investigations, searches or summaries; leaving all judicial cases, in proceedings or execution, definitively archived. 121 119. On June 16, 1995, the Amnesty Chamber decided to apply the benefit of amnesty in the military jurisdiction to Javier Bendezú Vargas and the other defendants, for the crimes of abuse of authority and others. It also ordered the immediate release from prison of Javier Bendezú Vargas, who had been convicted by a judgment of the Review Chamber of the Supreme Council of Military Justice on February 10, 1993 122 (supra para. 109). 120. On June 28, 1995, Congress adopted Law N° 26.492, which interpreted Article 1 of Law N° 26479 in the sense that observance of the general amnesty was mandatory for all jurisdictional bodies and that it encompassed all acts arising from or occurring as a consequence of the fight against terrorism from May 1980 until June 14, 1995, irrespective of whether or not the military, police or civilian personnel involved were accused, investigated, prosecuted or convicted, and that all judicial proceedings in process or under enforcement were permanently dismissed. 123 121. As the oral stage of the trial was about to begin in the ordinary jurisdiction against the defendants in this case (supra para. 117), the Criminal Chamber of Huancavelica Superior Court issued an order on July 4, 1995, declaring that Article 1 of Amnesty Law No. 26.479 was applicable to the accused and ordering the permanent dismissal of the proceedings. It also Cf. Auto of August 19, 1994, of the Mixed Chamber of the Superior Court of Justice of Huancavelica (evidence file, folios 3972 to 3976). 121 Cf. Law No. 26.479 of June 14, 1995 (evidence file, folio 2474). 122 Cf. Decision of June 28, 2002, Plenary of the Supreme Council of Military Justice (evidence file, folio 5359). 123 Cf. Law No. 26.492 of June 28, 1995 (evidence file, folio 2476). 120