23 that signs such as powder burns [signo de Benassi] used to determine the proximity of the firearm when it was shot […] are not found […] 100. On November 8 and 9, 2003, the President of Peru promoted Brigadier General Williams Zapata to the rank of Major General and Manuel Antonio Paz Ramos to the rank of Major, effective on January 1, 2004; both had been acquitted in the deaths of Víctor Salomón Peceros Pedraza and Herma 101 Luz Meléndez, 101. On April 5, 2004, the Supreme Council of Military Justice approved the order from the War Chamber of the Military Tribunal dismissing the case and closing it definitively “for lack of any 102 evidence whatsoever that points to the commission of the crime under investigation.” 102. On September 23, 2004, the Review Chamber of the Supreme Council of Military Justice 103 ruled to permanently close the case. The military proceeding was thus concluded, because as it was stated by Peru, the Peruvian system does not provide recourse for the review of judgments handed down 104 by the Supreme Council of Military Justice . The civilian jurisdiction 103. Months after the jurisdictional challenge had been settled, on April 2, 2003, the Special Criminal Chamber of the Superior Court of Justice of Lima overturned the appeal of June 11, 2002, in relation to the point declaring that there were no grounds to initiate investigative proceedings against Fernando Vianderas Ottone, Martín Solari de la Fuente and Herbert Danilo Ángeles Villanueva for crimes against the administration of justice – obstruction of justice by concealing evidence – committed against the State and ordered the opening of investigative proceedings against them. 105 On April 30, 2003, a restricted summons was issued against those individuals.106 On August 12, 2003, the case of Fernando Vianderas Ottone, Martín Solari de la Fuente and Herbert Danilo Ángeles Villanueva was joined to the case against Vladimiro Montesinos Torres et al.107 104. On April 14, 2003, based on the expert reports and testimonies, the Office of the Special Provincial Prosecutor found that the criminal responsibility of Messers. Montesinos Torres, de Bari Hermoza Ríos and Huamán Acurra had been demonstrated for the commission of a crime against the life, body and health- qualified homicide- of Herma Luz Cueva and Víctor Salomón Peceros Pedraza. It also found that they, and Jesús Zamudio Aliaga, were criminally responsible for the commission of the same crime to the detriment of Eduardo Nicolás Cruz Sánchez.108 105. On August 4, 2003, the Office of the Attorney General of the Nation filed charges before the Congress of the Republic against Alberto Fujimori for the alleged commission of a crime against the 101 Appendix 32, Diario El Peruano, Sunday, December 9, 2003, and November 8, 2003, communication of the petitioners of 102 Appendix 9 Ruling of the Review Chamber of the Supreme Council of Military Justice of April 5, 2004, Appendix 3 to the State’s communication of February 6, 2009. 103 Appendix 9, Ruling of the Review Chamber of the Supreme Council of Military Justice September 23, 2004, Appendix 4 to the State’s communication of February 6, 2009. 104 Stated by Peru during the public hearing held at the IACHR. Appendix 27, Supreme Court Ruling of April 2, 2002, appendix to the State’s communication of August 5, 2008, appendix to the State’s communication of 1º December 2003, appendix submitted at the public hearing. See the trial document of June 30, 2003, appendix submitted at the public hearing. 105 106 Appendix 28, Trial Document dated June 30, 2003, appendix submitted at the public hearing. 107 Appendix 29, August 12, 2002 Ruling, appendix to the State’s communication of August 5, 2008. 108 Appendix 8, Prosecutor’s Inquiry of the Public Ministry of April 14, 2003, provided at the public hearing.