41
National Police Requisition Division and the National Central Bureau-Lima of INTERPOL. However,
it declared the statute of limitations regarding the criminal action in favor of the accused for the
crimes of aggravated robbery, damages, offenses against the administration of justice and abuse
of authority. Likewise, it acquitted Duilio Chipana Tarqui and Fidel Eusebio Huaytalla for the
crime of aggravated homicide. In addition, it ordered certified copies of the case to be sent to
the Public Prosecutor’s Office so that it could investigate five other individuals. 143
132. By virtue of an appeal for annulment of that judgment filed by the convicted person’s
defense attorney and the Superior Prosecutor, the Transitional Criminal Chamber of the Supreme
Court of Justice of Peru issued a Final Judgment (ejecutoría suprema) on May 29, 2013,
amending the conviction of Oscar Alberto Carrera Gonzales from a secondary accomplice to a
primary accomplice in the crime of aggravated homicide and sentencing him to 20 years
imprisonment. Thus, with the reduction for time served in prison from June 30, 2007 to June 25,
2010, his prison term will expire on February 3, 2029. 144
E.7. Ordinary Jurisdiction: Fourth Supra Provincial Criminal Court of Lima – Criminal File No.
2011-0196-0 (Judicial proceedings against Simón Fidel Breña Palante)
133. On February 16, 2011, the Huancavelica Provincial Criminal Prosecutor’s Office of the
Public Prosecutor’s Office filed a criminal complaint against Simón Fidel Breña Palante for a crime
against humanity in the form of genocide. 145 On August 1, 2011, the Fourth Supra Provincial
Criminal Court of Lima opened an investigation against Simón Fidel Breña Palante for the alleged
crime of genocide in relation to the facts of this case. Subsequently, the Public Prosecutor's Office
amended the legal classification of the indictment in order to charge him for the crime of
aggravated homicide with the aggravating circumstances of ferocity with great cruelty, in a
context of crimes against humanity. 146 On October 27, 2011, Simón Fidel Breña Palante was
brought before the court, since he was a detainee in a penitentiary establishment in Lima, and
on November 30, 2011 and January 11, 2012, he gave his preliminary statement before the
judge of the case. 147 The evidence shows that Mr. Breña Palante’s defense attorney requested
the discontinuation of the oral trial arguing that he was a minor at the time of the facts. On
January 4, 2013, the indictment against Breña Palante was issued and, regarding the request
for the discontinuation of the trial, it was indicated that this should be decided at the beginning
of the oral proceedings.
134. On February 22, 2013, the National Criminal Chamber of the Supreme Court of Justice of
Peru decided that the proceedings against Simón Fidel Breña Palante should be terminated, given
that on July 4, 1991 he was under 18 years of age (17 years, 10 months and 22 days). Thus, it
ordered his immediate release from prison and that he appear before a Family Judge in order to
resolve his legal situation.
135. The National Criminal Chamber took into consideration that there were two markedly
different situations in the case. On the one hand, various documents gave his date of birth as
August 13, 1972, which was acknowledged by the accused himself both in his testimony and in
Cf. Judgment of the National Criminal Chamber of February 9, 2012 (evidence file, folios 4540, 4541, 4552,
4563 and 4578 to 4580).
144
Cf. Decision of the Transitional Criminal Chamber of the Supreme Court of Justice of Peru of May 29, 2013
(evidence file, folios 3729 and 3730).
145
Cf. Criminal complaint filed by the Public Prosecutor’s Office on February 16, 2011 (evidence file, folio 5390).
146
Cf. Order to open investigation of August 1, 2011 (evidence file, folio 5399); Decision of February 22, 2013 of
the National Criminal Chamber of the Supreme Court of Justice of Peru (evidence file, folios 4590 to 4596), and ruling
of February 22, 2013 of the National Criminal Chamber of the Supreme Court of Justice of Peru (evidence file, folios
4590 to 4596).
147
Cf. Preliminary statement of Simón Fidel Breña Palante of October 27, 2011 (evidence file, folios 3748 and
3749), and continuation of the preliminary statement of Simón Fidel Breña Palante of November 30, 2011, and January
11, 2012 (evidence file, folios 3750 to 3758).
143