6
October 15, 2008, the First Transitory Chamber in Criminal Matters of the Supreme
Court of Justice “upheld said judgment" and therefore, the proceeding “is ready to
be closed.”
b)
In relation to the attack of March 13, 2004, there is proof of what occurred
in the Police Station of San Jerónimo de Tunán, while the Office of Criminal
Investigation and Support for Justice of the Peruvian National Police (PNP) Huancayo informed that “there is no complaint related to [said] attack.”
c)
In relation to the attack of August 30, 2004, the Office of the Third
Provincial Prosecutor in Criminal Matters of Huancayo issued Resolution N° 052007, of May 4, 2007, by means of which it decided to provisionally close the
investigation N° 574-2005, regarding the complaint filed by Mr. Ramirez Hinostroza
for the crime of attempted murder, based on the lack of evidence to bring a
criminal action and ordered the Office for Support of Justice of the Public
Prosecutor’s Office of Huancayo to continue the investigations in order to fully
identify the perpetrators;
d)
In relation to the attack of June 1, 2005, by means of Resolution of the
Seventh Criminal Trial Court of Lima of April 13, 2009, it was declared the
discontinuance of the investigation conducted in the criminal proceeding of case file
N° 659-2007 against Luis Alberto Pérez Documet for the crime of attempted
murder to the detriment of Luis Alberto Ramirez Hinostroza, “definitely closing the
court record” and
e)
In relation to the attack of September 15, 2005, “[the] person in charge of
the investigations has heard the incident, and undertook investigations and
inquiries for the purpose of identifying, locating and capturing the suspected
perpetrators of the illegal act under investigation [...] which produced a negative
result to the present [October 16, 2008] and in case of producing a positive result,
it shall be duly informed to the competent authority.” According to the “Record of
the Case”, the case has been definitely filed since April 10, 2006.
20.
The State requested the rescission of the provisional measures “taking into account
what was previously informed as well as the fact that [the beneficiaries] did not [receive]
new threats nor [were] subject to new attacks against them.”
21.
Regarding the investigation into the facts that gave rise to the provisional
measures, the representatives stated that:
a)
The Second Criminal Chamber of the Superior Court of Justice of Junín, by
means of judgment of August 2, 2007, acquitted the accused Luis Augusto Perez
Documet of the charge of abduction to the detriment of Mr. Ramirez Hinostroza,
and by means of Final Judgment of October 15, 2008, the First Transitory Chamber
in Criminal matters of the Supreme Court of Justice upheld said judgment. They
further asserted that the Office of the Fourth Provincial Prosecutor in Criminal
matters of Huancayo, as well as the Office of the Second Superior Prosecutor in
Criminal matters, failed to consider the conclusions and recommendations of report
N° 101-01 of October 11, 2001 of the Inter-American Commission, which
established that the State was responsible of the human rights violations