27
acquitted Lieutenant Abel Hipólito Gallo Coca and NCO, Second Class, Fidel Gino Eusebio Huaytalla of the offenses
of negligence and extortion, but convicted the latter of disobedience, with the aggravating factor of larceny, and
sentenced him to two months’ imprisonment and the payment of 200 nuevos soles in civil reparations; it acquitted
Sargent, First Class, Oscar Alberto Carrera Gonzáles of the offenses of abuse of authority, disobedience, extortion,
and violation of sexual liberty; Sargent, Second Class, Dennis Wilfredo Pacheco Zambrano of the offenses of abuse
of authority and violation of sexual liberty, and, finally, Corporal Simón Fidel Breña Palante of the offenses of
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aggravated homicide and abuse of authority.
142. Upon review, the Supreme Council of Military Justice, in a judgment of February 10, 1993, confirmed
the decision of the Permanent Court Martial that acquitted Infantry Lieutenant Javier Bendezú Vargas of the
offense of aggravated homicide, disobedience, negligence, and extortion, and convicted him of abuse of authority
with the aggravating factor of mendacity. However, it amended the penalty and the amount of civil reparations
imposed on the above officer, sentenced him to 10 years’ imprisonment, and set the amount to be paid in civil
reparations to the legal heirs of the deceased civilians at 4,000 nuevos soles. It also imposed on him the additional
penalty of prohibition for life from serving in the armed forces or the national police of Peru. As regards the other
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convicted servicemen, the Permanent Court Martial upheld the judgment of the War Division in every respect.
143. At the time the above sentence was passed, the Criminal Chamber of the Peruvian Supreme Court of
Justice had not yet settled the jurisdictional challenge presented by the Sixth Ayacucho Permanent Military
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Tribunal of the Second Army Judicial District on February 20, 1992. The Supreme Court of Justice issued its ruling
in June 1993, finding that the ordinary courts were the appropriate jurisdiction to investigate and try the alleged
offenses.
The Ordinary Courts
144. Following the criminal complaint presented by the Huancavelica Mixed Provincial Prosecutor's Office
on February 7, 1992, the Lower Criminal Court of Huancavelica opened a criminal proceeding by means of a
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decision dated February 26, 1992, against Lieutenant Javier Bendezú and five subordinates.
145. On January 12, 1993, the defendants were declared in default as fugitives.
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146. In a decision dated August 19, 1994, the Huancavelica Criminal Chamber ruled that there were
grounds to proceed to an oral trial against the military personnel involved on charges of genocide and other
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offenses.
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Appendix 30. Judgment of October 16, 1992, Second Army Judicial District. Appendix to the State’s brief of
December 29, 2000; Appendix 1. Final Report of the Truth and Reconciliation Commission of Peru. Volume VII. Chapter 2: Cases
Investigated by the CVR 2.50. The Extrajudicial Executions in Santa Barbara, Proceedings in the Military Jurisdiction.
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Appendix 1. Final Report of the Truth and Reconciliation Commission of Peru. Volume VII. Chapter 2: Cases
Investigated by the CVR 2.50. The Extrajudicial Executions in Santa Barbara, Proceedings in the Military Jurisdiction; Appendix
31. Supreme military Council, Lima, February 10, 1993; Appendix to the State's brief of December 29, 2000; and Appendix to
the petitioners’ brief of June 8, 1993.
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Appendix 35. Incidental proceeding on jurisdiction No. 46-92. Brief sent by Roger Niego Arana, representative of
CEAPAZ, to the President of the Supreme Court of the Republic on May 13, 1993. Appendix to the petitioners’ brief of June 8,
1993.
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Appendix 1. Final Report of the Truth and Reconciliation Commission of Peru. Volume VII. Chapter 2: Cases
Investigated by the CVR 2.50. The Extrajudicial Executions in Santa Barbara, Proceedings in the Judiciary; Appendix 34.
Huancavelica Examining Magistrate's Court, February 26, 1992. Appendix to the petitioners’ brief of June 8, 1993.
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State.
Appendix 41. Information supplied by the petitioners in a communication of October 5, 2010. Not contested by the