43
appeal was -on March 25, 1994, on the grounds that “the Judiciary lacks jurisdiction to hear
and determine this kind of actions.”
Continuation of investigations under the military court system
80(54) On February 21, 1994, the SCMJ War Chamber rendered judgment in case 157-V-93,
holding that:39
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
Brigade General Juan Rivero-Lazo and Cavalry Colonel Federico Augusto Navarro-Pérez
be acquitted of the offense of abduction, crime against administration of justice, forced
disappearance of persons, abuse of authority and crime against life, body and health in
the degree of murder, on the grounds of “insufficient evidence;”
Infantry Colonel Manuel Leoncino Guzmán-Calderón be acquitted of the offense of
abduction, crime against administration of justice, forced disappearance of persons,
abuse of authority and crime against the life, body and health in the degree of murder
and negligence, on the grounds of “insufficient evidence;”
Engineering Mayors Santiago Martín-Rivas and Carlos Eliseo Pichilingue-Guevara be
acquitted of the crime of administration of justice, on the grounds of “insufficient
evidence”;
Infantry Captain José Adolfo Velarde-Astete be acquitted of the crime of abduction,
crime against administration of justice, forced disappearance of persons, abuse of
authority, crime against life, body and health in the degree of murder, on the grounds of
“insufficient evidence”;
Noncommissioned officers Pedro Guillermo Suppo-Sánchez, Julio Chuqui-Aguirre, Nelson
Rogelio Carvajal-García and Jesus Antonio Sosa-Saavedra be acquitted of the crime of
negligence, on the grounds of “insufficient evidence”;
Brigade General Juan Rivero-Lazo be convicted of the crime of negligence, and
sentenced to five years’ imprisonment;
Cavalry Colonel Federico Augusto Navarro-Pérez be convicted of the crime of negligence,
and sentenced to four years’ imprisonment;
Infantry Captain José Adolfo Velarde-Astete be convicted of the crime of negligence, and
sentenced to one year military reclusion;
Engineering Mayors Santiago Enrique Martín-Rivas and Carlos Eliseo Pichilingue-Guevara
be convicted of the crimes of abuse of authority, abduction, forced disappearance of
persons, crime against life, body and health in the degree of murder, and sentenced to
twenty years’ imprisonment;
Nelson Rogelio Carvajal-García, Julio Chuqui-Aguirre and Jesús Antonio Sosa-Saavedra
be convicted of the crimes of abuse of authority, abduction, forced disappearance of
persons, crime against administration of justice, crime against life, body and health in
the degree of murder against the professor and the students of La Cantuta, and
sentenced to fifteen years’ imprisonment;
the sum of two million New Soles be paid in conjunction with the Army, as civil
reparation in favor of the legal heirs of the aggrieved parties;
criminal proceedings against defendant Infantry Lieutenant Aquilino Portella-Núñez be
held in abeyance —upon the defendant’s default— until said accused appears in or is
forcibly brought before the court, and that new search and arrest warrants be issued
against him to that end;
the court order extending the scope of the order for commencement of proceedings to
include noncommissioned officers Eduardo Sosa-Dávila and Hugo Coral-Sánchez on the
grounds of the alleged commission of the crimes of disappearance of persons, abuse of
authority and crime against life, body and health —murder— be reversed;
investigation proceedings initiated against those responsible for the commission of the
crimes subject to this procedure be definitely closed and sent to archives since principal
offenders have been identified.
80(55) The SCMJ reviewed the abovementioned decision and on May 3, 1994, it rendered
judgment convicting the following members of the Peruvian Army, holding that:
39
Cf. Judgment rendered by the War Chamber of the Supreme Council of Military Justice on February 21,
1994, as part of the Appendixes to the Note of State No. 7-5-M/299, dated June 16, 2000 (record of Appendixes to
the Application, Appendix 31(d), pp. 1126-7).
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