E.4. The criminal proceeding opened in the special jurisdiction 91. On June 14, 2004, Porfirio Osorio Rivera filed another criminal complaint before the Special Prosecutor for Enforced Disappearances, Extrajudicial Executions and Exhumation of Clandestine Graves 176 of Lima, requesting the investigation of the perpetration of the offenses of abduction and enforced disappearance to the detriment of his brother. 177 On June 25, 2004, as helpful evidence, the Special Prosecutor requested the Supreme Council of Military Justice to provide the proceedings in file No. 859-92. 178 After ordering that certain measures be taken, 179 the Special Prosecutor took the decision to recuse himself from conducting the investigation because it fell within the competence of the Provincial Prosecutor where the events described in the complaint had taken place. 180 92. On October 26, 2005, the Provincial Prosecution Service for Civil and Criminal Matters brought criminal charges against Lieutenant Tello Delgado and those who might be found responsible for a crime against humanity by enforced disappearance, and against personal liberty by abduction to the detriment of Jeremías Osorio Rivera. 181 The criminal investigation was opened on November 10, 2005, by the Court for Civil and Criminal Matters of Cajatambo ordering certain evidence to be gathered. 182 93. On December 15, 2006, the Fourth Supraprovincial Court expanded the investigation period for six months in order to take different measures, such as receiving statements and requesting information from the Ministry of Defense. 183 Following the investigation stage, on August 21, 2007, the Fourth Supraprovincial Court issued its Final Report, indicating the measures that had been taken and those that it was not possible to accomplish. 184 94. On October 30, 2007, the Second National Superior Criminal Prosecutor determined that there were grounds to proceed to an oral trial and charged Lieutenant Tello Delgado with the crime against humanity of enforced disappearance to the detriment of Jeremías Osorio Rivera, 175 Cf. Case of Barrios Altos v. Peru. Interpretation of the judgment on merits. Judgment of September 3, 2001. Series C No. 83, second operative paragraph. 176 Regarding the procedure that led to the creation of the special sub-system of justice, see Ombudsman’s Office, Report No. 162, “A diez años de verdad, justicia y reparación. Avances, retrocesos y desafíos de un proceso inconcluso”, p. 97 and ff. (evidence file, volume XII, annex 2 to the representatives’ brief with final arguments, folios 5467 to 5740). 177 Cf. Complaint filed by Porfirio Osorio Rivera before the Lima Special Prosecutor on June 14, 2004 (evidence file, volume X, annex 68 to the State’s answering brief, folios 4947 to 4950). 178 Cf. Order issued by the Lima Special Prosecutor on June 25, 2004 (evidence file, volume X, annex 69 to the State’s answering brief, folio 4952). 179 Cf. Orders issued by the Special Prosecutor for Enforced Disappearances, Extrajudicial Executions and Exhumation of Clandestine Graves of Lima on July 22, September 20 and November 8, 2004 (evidence file, volume X, annexes 70, 71 and 72 to the State’s answering brief, folios 4954, 4956, 4957 and 4959). 180 Cf. Decision of the Special Prosecutor for Enforced Disappearances, Extrajudicial Executions and Exhumation of Clandestine Graves of Lima of June 8, 2005 (evidence file, volume X, annex 74 to the State’s answering brief, folio 4963). 181 Cf. Criminal complaint No. 109-2008-MP-FMP-Cajatambo of October 26, 2005 (evidence file, volume X, annex 76 to the State’s answering brief, folios 4967 and 4968). 182 Cf. Ruling issued by the Court for Civil and Criminal Matters of Cajatambo on November 10, 2005 (evidence file, volume X, annex 77 to the State’s answering brief, folios 4970 and 4971). 183 Cf. Decision issued by the Fourth Supraprovincial Court on December 15, 2006 (evidence file, volume X, annex 78 to the State’s answering brief, folios 4973 to 4976). 184 Cf. Final report issued by the Fourth Supraprovincial Court on August 21, 2007 (evidence file, volume X, annex 81 to the State’s answering brief, folios 4988 to 4995). 35