40 movements of the aforementioned defendants; b) To send letters reiterating the orders for the location and capture of the absent defendants at the national and international level; c) To request the Peruvian Army to submit updated information on the unit where the defendants Chipana Tarqui and Eusebio Huaytalla are serving, informing them of their status as absent defendants in the present case. 138 128. Once the maximum pre-trial detention term of the defendant Oscar Alberto Carrera González expired and once he had requested his “release due to excess prison time,” on June 15, 2010, the National Criminal Chamber changed the measure to appearance with restrictions, effective as of June 29, 2010. In addition, an order was issued to prevent him from leaving the country in order to guarantee his presence at trial. 139 129. In July 2010, the oral proceedings began against the defendant Oscar Alberto Carrera Gonzáles, who was on conditional restricted release from prison to ensure his appearance at trial, subject to compliance with rules of conduct. At that time, the other accused - Javier Bendezú Vargas, Duilio Chipana Tarqui, Fidel Gino Eusebio Huaytalla and Dennis Wilfredo Pacheco Zambrano - were classified as absentee defendants since they had not been apprehended. 140 Between July 2010 and November 2011, statements were received from the defendants, witnesses and experts, and documentary evidence was received and discussed at the hearing. The following documents were also examined during the proceedings: a) the CVR��s Final Report, attached to joined File No. 808-2002, on the Santa Bárbara Peasant Massacre; b) the complaints filed by Santa Bárbara community members in July 1991, included in the main case file; c) the testimonial statements included in the main file; d) records of the removal of remains and objects from the “Vallarón” mine, on July 18, 1991, and record of the preliminary anatomical-pathological identification of July 19, 1991; e) the Forensic Archaeology Expert Report of November 16 and 18, 2009, an expert report of January 25, 2010, the record of the recovery of human remains from March 1 to 8, 2010, and an expert report dated April 18 and 19, 2010; f) investigative and testimonial statements from the case file of the military jurisdiction; g) record of findings and collection of explosives of July 4, 1991, military jurisdiction file; h) outline of the Apolonia Plan, military jurisdiction file; i) the “Manual of Non-Conventional War,” “Information Report sent to BSC Lircay, by Escorpio” and “Manual of Non-Conventional Counter-Insurgency War”, and j) parts of the military file and judgments issued in the military jurisdiction. 141 130. On January 28, 2011, the representative of the Public Prosecutor’s Office requested the dismissal of the written accusation regarding the crime of genocide in order to establish a new legal classification of the offense as a crime of aggravated homicide with the aggravating factors of ferocity and great cruelty, in relation to the deaths of the fifteen villagers of Rodeo Pampa. 142 131. On February 9, 2012, the National Criminal Chamber of Lima’s Superior Court of Justice classified the events of July 4, 1991 in the peasant community of Santa Barbara, as a crime against humanity and, consequently, ruled that liability for these acts was not subject to any statute of limitations. In that judgment, Oscar Alberto Carrera Gonzáles was convicted as a secondary accomplice to the crime of aggravated homicide with ferocity and premeditation y and sentenced to nine years imprisonment and the payment of 25,000 new soles as civil reparations in favor of each of the legal heirs of the victims, jointly and severally with those responsible for the criminal act. The Court also reserved judgment of the absent defendants Javier Bendezú Vargas and Dennis Wilfredo Pacheco Zambrano and issued national and international warrants for their immediate arrest, together with an impediment to leave the country, notifying the Cf. Ruling of the National Criminal Chamber of November 9, 2009 (evidence file, folios 4252 to 4254). Cf. Ruling of the National Criminal Chamber of February 9, 2012 (evidence file, folio 4376). 140 Cf. Official letter No. 042-06-SPN of August 23, 2010, National Criminal Chamber (evidence file, folio 186), Report of the Recording Secretary to Coordinator of the National Criminal Chamber (evidence file, folio 202). 141 Cf. Court records, National Criminal Chamber (evidence file, folios 2874 to 3594), Judgment of the National Criminal Chamber of February 9, 2012 (evidence file, folios 4380 to 4452). 142 Cf. Judgment of the National Criminal Chamber of February 9, 2012 (evidence file, folio 4377). 138 139