8 39. Notwithstanding the fact that the Judge ad hoc had been convoked, he did not attend the sessions held by the Court concerning this judgment and, therefore, does not sign the judgment. IV 40. According to the documents delivered to the Court on July 16, 1986, Irene Neira-Alegría and Julio Zenteno-Camahualí interposed an action for habeas corpus in favor of the three persons to whom this case refers. The Instructional Judge of the Twenty-First Court of Lima took a statement from the President of the National Correctional Council; the latter submitted a list showing the three persons cited to have been under custody in the San Juan Bautista Prison, charged with the offense of terrorism, on the date that the riot was crushed. On July 17, 1986, the Judge declared that the action was estopped on the basis that the Government, by Supreme Decree 012-86-IN of June 2 of that year, had decreed a state of emergency in the provinces of Lima and El Callao and that Supreme Decree 006-86 JUS was published on the 20th of the same month declaring the San Juan Bautista Prison a Restricted Military Zone. The Judge's decision was confirmed on August 1, 1986 by the Eleventh Correctional Court of Lima. On the 25th of that same month, the Supreme Court of Justice, Criminal Section, declared that it found no grounds for annulment in the latter decision and, on December 5, the Constitutional Guarantees Court ruled that "the Supreme Court's decision that had been appealed stood inalterable." This latter decision was published in the "El Peruano" Official Journal (supra, para. 11). 41. The Second Permanent Instructional Court of the Navy initiated proceedings to determine the possible criminal responsibility of members of the Navy who had crushed the riot, because during that action, in addition to the inmates killed, three members of the Marine Infantry were wounded by gun fire and one of the hostages who belonged to the Republican Guard also died. The Instructional Judge arrived at the following conclusions: 34 inmates had surrendered; 97 had died, and adding to that number the skeletal remains of at least fourteen additional persons resulted in a total of 111 dead inmates; the removal of debris from the prison was accomplished with great difficulty between June 20, 1986 and March 31, 1987; only four of the 97 bodies (excluding the remains of at least fourteen additional persons) were identified (a figure that contrasts with that established by the fingerprint analysis which indicated that seven persons were identified). In this respect the following was stated: 21. The identification task carried out by Investigations Police personnel became more difficult because of the state of putrefaction, saponification and mummification of most of the corpses and skeletal remains found during the removal of debris; thus, because of their very nature, the remains cannot be identified. Nor has it been possible to compare the fingerprint samples taken by DIP-PIP and DIRCOTE with those on the identification cards that are in the files of INPE, since, in spite of several requests by the court, the latter have not been sent. 22. The tooth prints taken by Navy Medical personnel from those corpses from which it was still possible to do so, were not compared since such a method of identification of inmates was not used, neither at the INPE, nor at DIP, Lima, Callao, or DIRCOTE. It would be appropriate to point out that, in many of the autopsy reports, crushing and multiple trauma are cited among the causes of death. The Navy Court also pointed out that it had not been possible to establish the total number of inmates who were at the correctional facility on the day that the riot started, since the criminal identification cards had not been delivered to the Court. On July 6, 1987, the case was dismissed, and it was determined that there was no responsibility on the part of the accused, a decision that was confirmed on the 16th of the same month and year by the Permanent War Council of the Navy. 42. The proceedings were reopened by decision of the Supreme Council of Military Justice in order to carry out procedures that remained to be completed, none of which refers to