12
b)
In relation to case file N° 2008-00169-0-1501-JR-PE-01 of the Fifth Criminal
Trial Court of Huancayo, for the alleged crime of inflicting bodily harm to the
detriment of Braulio Chayña Rules, that the case was under preliminary
investigation, having been ordered, by means of Resolution of January 23, 2007, to
broaden the scope of the preliminary investigations in order to carry out the
corresponding procedures “due to the fact that the first investigation produced
unsatisfactory results and, moreover, that the defendant has questioned the
performance of the people in charge of the investigation”;
c)
In relation to case file N° 2007-00765-0-1501-JR-PE-07 of the Seventh
Criminal Trial Court of Huancayo, that Mr. Ramirez Hinostroza was sentenced to
ten years’ imprisonment for the alleged crime of “extortion” to the detriment of
Héctor Capcha Canchaya, by means of judgment of December 21, 2008. Peru
asserted that during said criminal proceeding, “the guarantees of due process have
been complied with and [that said proceeding was] conducted taking into account
the domestic legal system" and “based on reasonable and valid procedural
grounds.” Afterwards, it informed that on February 17, 2009 the Criminal Chamber
on duty of the Superior Court of Justice of Junin annulled the judgment that
convicted Mr. Ramirez Hinostroza and ordered "his immediate release", and
d)
That there exist other proceedings according to the following statements: Nº
115-VIII-DIRTEPOL-RPJ-CT-SEINCRI, of September 29, 2005, for the Crime
against the Public Administration, causing subsequent injuries to a police officer
and damaging a police Vehicle; Nº 76-06-VII-DIRTEPOL-RPNPJ-CSJ-A/SEINCRI, of
September 1, 2006, for the Crime against Public Safety – Endangerment, Illegal
Weapons Possession and Nº 174-2006-VIII-DIRTEPOL-RPJ-CT-SEINCRI, of October
23, 2006, for the Crime against Property- Aggravated Robbery.
37.
As to the proceedings
representatives informed:
instituted
against
Mr.
Ramirez
Hinostroza,
the
a)
In relation to case file N° 2007-2671-0-1501-JR-PE-01 of the First Criminal
Trial Court of Huancayo, for the alleged crime of "attempted murder et al." to the
detriment of Fernando Wilfredo Flores León, that it is a false complaint and a
"reaction [of the State] towards the complaint filed by the President of the Board of
Directors of Asociación de Familiares de Detenidos Desaparecidos, Ejecuciones
Extrajudiciales y Torturados regarding the [conduct] of the police officers in charge
of the protection of Luis Alberto Ramirez Hinostroza and his family.” They pointed
out that the “the time limit of the case file has been extended up to the moment”;
b)
In relation to case file N° 2008-00169-0-1501-JR-PE-01 of the Fifth Criminal
Trial Court of Huancayo, for the alleged crime of inflicting bodily harm to Braulio
Chayña Ruelas, that by means of judgment of August 15, 2008 the Fifth Criminal
Trial Court of Huancayo acquitted Mr. Ramirez Hinostroza of the crimes brought
against him. However, as a result of the motions of appeal filed by the aggrieved
party and the Public Prosecutor's Office, the members of the First Criminal
Chamber of the Superior Court of Justice of Junin annulled said judgment. They
further asserted that the first instance judgment had taken into account a series of
irregularities and that, by the time of the alleged attack, Mr. Ramirez Hinostroza
was resting at this house with his family;