24 life, body and health – qualified homicide – of Eduardo Nicolás Cruz Sánchez, Herma Luz Meléndez Cuevas and Víctor Salomón Peceros Pedraza. According to the complaint, the execution of the MRTA members had either been decided from the time the operation was planned or was a decision made 109 immediately following their capture and, in either case, was ordered by then President Fujimori. 106. On October 3, 2003, the State was deemed to have third-party civil liability in the case in the civilian jurisdiction pursuant to the petition of the civil party. 110 107. In response to a motion entered by the defendants, on October 15, 2004, the Judge of the Third Special Criminal Chamber of the Superior Court of Justice of Lima ordered the immediate release of Vladimiro Montesinos, Nicolás de Bari Hermoza Ríos and Roberto Edmundo Huamán Acurra on grounds that “the ordinary period of detention […] had inexorably expired, due not to any laxity in the actions of this Court, but because the trial documents with the final reports were remanded to the Superior Special Criminal Chamber on November 3, 2003, and remained in that state for eight months before being returned on July 7, 2004.”111 108. On March 21, 2005, the First Special Criminal Chamber of the Superior Court of Justice of Lima requested the Criminal Chamber of the Supreme Court of the Republic to determine whether it should hear about the case taking into consideration that there had been a change in the legal situation of the detainee, from being detained to being freed. On September 22, 2005, the Transitory Criminal Chamber of the Supreme Court of Justice held that it was the Third Special Criminal Chamber of the Superior Court of Lima.112 109. On August 21, 2006, the Third Criminal Chamber of the Superior Court of Justice of Lima ruled in favor of the objection lodged by the defense team of Juan Fernando Vianderas Ottone and Martín Fortunato Luis Solari de la Fuente, finding that the statute of limitations applied to the criminal suit against them as accessories to the crime of concealing evidence [cubrimiento real], committed against the State 113 because of the time that had transpired. It therefore ordered the case definitively closed. 110. On September 22, 2006, the Office of the Third Supreme Criminal Prosecutor determined that the commission of crimes had been established and proceeded to indict Vladimiro Montesinos Torres, Nicolás de Bari Hermoza Ríos, and Roberto Edmundo Huamán Ascurra for an alleged crime committed against the life, body and health – qualified homicide – of Herma Luz Meléndez Cueva and Víctor Salomón Peceros Pedraza. It also charged those individuals, along with Jesús Zamudio Aliaga, for an alleged crime committed against the life, body, and health – qualified homicide – of Edgar Nicolás Cruz Sánchez. In addition, it filed charges against Juan Fernando Vianderas Ottone, Martín Solari de la 114 Fuente and Herbert Danilo Ángeles Villanueva . 2007. 115 111. On April 3, 2007, the new date was for initiating the oral phase was set for May 28, 109 Appendix 1, TRC, 2.66. EXTRAJUDICIAL EXECUTIONS IN THE RESIDENCE OF THE AMBASSADOR OF JAPAN (1997), TRC, http://www.cverdad.org.pe/ifinal/pdf/TOMO%20VII/Casos%20Ilustrativos-UIE/2.66.%20%20ENABJADA%20JAPON.pdf 110 Appendix 31, October 3, 2003 Ruling, appendix to the State’s communication of August 5, 2008. 111 Appendix 33, October 15, 2004 Rulings, appendix to the State’s communication of August 5, 2008. 112 Appendix 34, appendix to the State’s communication of August 5, 2008. 113 Appendix 35, Ruling No. 143-06 issued August 21, 2006 by the Third Special Criminal Chamber of the Superior Court of Justice of Lima, appendix to the State’s communication of August 5, 2008. 114 115 Report of the Ministry of Justice of February 6, 2009, addressed to the IACHR. Appendix 36, April 3, 2007, ruling of the Third Special Criminal Chamber of the Superior Court of Lima, appendix to the State’s communication of August 5, 2008.