respect to the number of bullet wounds found in the bodies of these two MRTA members, they can be explained according to the same story being told by the commandos, who entered two-by-two into the different rooms in sequence and fired when they saw a subversive element, or by indication of the commandos Paz and Alvarado who fired shots but they did not say how many or the place in the body where they shot, aside from their positions when the subversives entered the room armed; body NN09 presented gunshot wounds to the head, chest, and upper and lower right extremities, the entry orifice in the front midsection and the exit orifice in the neck, and body NN10 with gunshot wounds to the head, chest, abdomen and left arm, entering through the occipital region and exiting through the left infraorbital region, but the interesting thing for this case is that other subversives have been taken down by similar bullet impacts to the body but not to the head, which suggests that selective instinctive shooting was applied discretionally and for the reasons already discussed, and particularly that it was not necessarily the gunshot to the head that caused the death of these two subversives. Regarding the statement by witness Hidetaka Ogura, […] it says that when he turned to take the stepladder (set in place by the commando personnel for the rescue) on the terrace, facing the main door to the room, when he turned that way, he saw that two members of the MRTA were surrounded by the soldiers and he heard voices saying, ‘Don’t kill me’ or ‘don't kill him’, and he saw two subversives who had surrendered and were surrounded by two commandos; the first conclusion is that it was these two subversives, Peceros and Meléndez, and second, as concluded by the majority, according to the sketches that show the placement of a stepladder up against the railing to the side of the balcony and given the place where the ladder was set up and the length of the section of wall between the railing where the ladder was and the door to the room from the balcony, that witness Hidetaka Ogura could not have been able to observe what was actually happening inside the room, and indeed, this witness, confirming the written statement he had sent to the public prosecutor, said that to climb down the ladder, Mr. Nakae was ahead of him and Mr. Yamamoto was behind him, and this would have blocked his line of sight, given the physical presence of another hostage, […] combined with the obvious speed necessary for the evacuation itself to prevent injury to the physical welfare of any hostage because combat was still going on, at the same time, the air was filled with smoke in the rooms during the combat, which made it difficult to see what was happening inside the rooms […]; now, we should consider the statement by commando Huarcaya, who said that he was helping the hostages climb down, blocking them with his body, and they went down one at a time, which means that Ogura had already gone down the ladder so that the final hostage could hurry down, the one who when he was being evacuated from the balcony asked for his medications, so this hostage and Huarcaya went into room ‘I’ to get them and when this hostage was climbing down, was when he heard the shouting by the commandos that the terrorists were there, and when Huarcaya went in, he found two terrorists on the floor, and commando Paz, who was with commando Alvarado, was telling him they had seized the weapons and the grenades. […] Regarding the MRTA members Meléndez Cueva and Peceros Pedraza, our majority conclusion is that they died in combat, for which we have the admission statement of two commandos, Paz and Alvarado, who admit to having killed them but in the act of combat, these subversives entered armed into the room tagged ‘I’, when the Japanese hostages were being evacuated, and the commandos left these weapons near a closet. Although these subversives, like the rest of the MRTA members, presented multiple gunshot wounds on their bodies, this has been explained in the relevant section of this verdict given that the commandos moved two-by-two through all the rooms of the residence and fired shots when they saw an ‘enemy’, the expert statements cited herein do not identify the outcome of the shots and therefore cannot establish which of them were necessarily lethal, finally, the only incriminating version is from Hidetaka Ogura, for which we must start with the reasonable assumption that the operation needed to be conducted under the protocols of the element of surprise and speed, not only to protect their own lives, but also to safeguard the lives of the hostages, so the evacuations had to be conducted in the same way, so following this witness’s reasoning, he did not have a good enough line of sight to see that these subversives were surrendering because as he