39 E.6. Ordinary Jurisdiction: National Criminal Chamber of the Superior Court of Justice of Lima – Criminal Case No. 42-06 (Judicial proceedings against Lieutenant Javier Bendezú Vargas and others) 125. On October 31, 2006, the National Criminal Chamber of Lima decided to hear the case since it had been assigned jurisdiction to hear crimes against humanity and common crimes that may have constituted violations of human rights, as well as related rights. 132 Accordingly, on November 14, 2006, the Mixed Chamber of the Huancavelica Superior Court forwarded the case file. 133 Once the case was taken up, on December 18, 2006, the National Criminal Chamber approved the dismissal of the proceedings against the detainee and defendant Carlos Manuel Prado Chinchay (also identified as Carlos Saa Prado Chinchay), on the grounds that he was a minor at the time of the events. It also ordered his immediate release, the suspension of the arrest warrants issued against him and the annulment of any records generated. 134 According to information provided by the State, Carlos Manuel Prado Chinchay is not involved in any investigation or criminal proceedings related to the facts of this case. 126. On December 6, 2007, the trial against Oscar Alberto Carrera Gonzáles (prison inmate who had been captured), Javier Bendezú Vargas, Duilio Chipana Tarqui, Fidel Gino Eusebio Huaytalla and Dennis Wilfredo Pacheco Zambrano (defendants in absentia) began. In relation to the facts attributed to military personnel to the detriment of 15 victims in this case, in the judgment of March 4, 2008, at the end of the trial the National Criminal Chamber dismissed the criminal action against Oscar Alberto Carrera Gonzáles for the crimes of damages, theft and the offenses against the administration of justice owing to the statute of limitations, and acquitted him of the crime of genocide. Regarding the proceedings against the absent defendants Javier Bendezú Vargas, Duilio Chipana Tarqui, Fidel Gino Eusebio Huaytalla and Dennis Wilfredo Pacheco Zambrano, these were placed on hold, until they could be apprehended. The judge also ordered that certified copies of the file be sent to the Provincial Prosecutor’s Office of Huancavelica, in order to open a criminal investigation against Simón Fidel Breña Palante for allegedly committing the crime of genocide in relation to the facts of this case. 135 127. The Superior Public Prosecutor’s Office and the civil party filed a motion for annulment against that judgment. 136 On April 15, 2009, the Transitional Criminal Chamber of the Supreme Court of Peru issued a final judgment (ejecutoría suprema), consistent with the opinion of the Public Prosecutor’s Office, ruling that there was no annulment of the judgment of March 4, 2008, in those aspects that declared, ex officio, the criminal action against Oscar Alberto Carrera González extinguished based on the statute of limitations for the crimes of aggravated theft and damages, and null and void in the aspects that acquitted him of the crime of genocide, ordering that a new trial be held on these aspects. 137 Consequently, the case was returned to the National Criminal Chamber which, on November 9, 2009, issued the following order: The absent defendant Javier Bendezú Vargas registers domicile in the city of Lima, being retired from the Peruvian Army; the defendant Duilio Chipana Tarqui is, according to a report from the General Secretariat of the Ministry of Defense, active in the unit Esc. Cmdos.; likewise, the defendant Fidel Gino Eusebio Huaytalla appears as a member of the Peruvian Army active in the unit BTN CS.N.77 and Dennis Wilfredo Pacheco registers domicile address in Buenos Aires Argentina; therefore, in view of his legal situation it is appropriate to order the following: a) To request the National Directorate of Migration to submit the report on the migratory Cf. Judgment of the National Criminal Chamber of February 9, 2012 (evidence file, folio 4374). Cf. Official letter No. 868-2007-JUS/CNDH-SE of May 31, 2007 from the Executive Secretary of the National Human Rights Council to the Representative of the Judiciary before the National Human Rights Council (evidence file, folio 184). 134 Cf. Decision of December 18, 2006 of the National Criminal Chamber (evidence file, folios 4149 to 4151). 135 Cf. Judgment of the National Criminal Chamber of March 4, 2008 (evidence file, folios 4196 and 4198 to 4200). 136 Cf. Motions for annulment filed by the Superior Public Prosecutor's Office and the civil party against the judgment of March 4, 2008 (evidence file, folios 4202 to 4239). 137 Cf. Judgment of the First Transitional Criminal Chamber of the Supreme Court of Justice of April 15, 2009 (evidence file, folios 4241 to 4250). 132 133