-2177. On January 7, 2008, the National Criminal Chamber reiterated its arrest warrant, requesting the relevant information from the Warrants Office and the Office of District.90 On June 4, 2008, the Chamber ordered that the communication of the Head of the Department of Arrests – Division of the Judicial Police, which reported that it had not been possible to arrest the fugitive but that it was continuing to search for him, be added to the record.91 78. On June 20, 2008, the Conference of the Parties (Mesa de Partes) informed that Sgt. Evangelista Pinedo was “once again at the disposal and ordered the accused interned in the appropriate penal establishment, requesting information for that effect from the Warden of the Judicial Jail of Lima.92 On June 27, 2008, the Secretariat of the Mesa de Partes informed that the accused was in the Penal Establishment of Lurigancho.93 The same day, the National Criminal Chamber set July 21, 2008 as the date to begin the oral trial.94 79. On July 23, 2008, the National Criminal Chamber found Sgt. Evangelista Pinedo to be the perpetrator of the crime of simple homicide with respect to Ms. Tarazona Arrieta and Ms. Pérez Chávez, and the crime of grievous bodily harm with respect to Mr. Bejarano Laura, finding that he had “acted with gross negligence” and that “the investigation did not reveal an intent to kill the passengers.” As “mitigating factors,” the domestic tribunal took into account that the accused admitted the facts contained in the accusation, declaring him to be responsible for the crime of which he had been accused and also responsible for civil reparations to obtain a reduction of the sanction, sentenced him to six years in prison as of June 19, 2008, with credit for the period of his detention ordered by the Military Court (September 13, 1994 to August 29, 1995).95 80. The sentence also set civil reparations at 30.000 New Soles, to be paid jointly by the accused and by the Army in favor of Ms. Tarazona Arrieta and Ms. Pérez Chávez, and at 10.000 New Soles in favor of Mr. Bejarano Laura. F. The serving of the full sentence and the reparations to the alleged victims (July 23, 2008 to January 6, 2011) 81. On January 29, 2010, Sgt. Evangelista Pinedo was released from the Lurigancho penitentiary because he was granted partial freedom by the 16th Criminal Court of Lima.96 82. In July, the petitioners filed for the annulment of the decision “regarding the civil redress,”97 stating that civil reparations due to the commission of a crime must address such Cf. Decision of the National Criminal Chamber in file N° 13-06 of January 7, 2008 (evidence file, folios 3077 to 3078). 90 91 3080). Cf. Decision of the National Criminal Chamber in file N° 13-06 of June 4, 2008 (evidence file, folios 3079 to Cf. Decision of the National Criminal Chamber in file N° 13-06 of June 20, 2008 (evidence file, folios 3081 to 3082). 92 The evidence does not indicate how long the accused was in that prison, nor for what crime. Cf. Decision of the National Criminal Chamber in file N° 13-06 of June 27, 2008 (evidence file, folios 3083 to 3084). 93 Cf. Decision of the National Criminal Chamber in file N° 13-06 of June 27, 2008 (evidence file, folios 3083 and 3084). 94 95 65). Cf. Sentence of the National Criminal Chamber in file N° 13-06 of July 23, 2008 (evidence file, folios 55 to 96 Cf. Part s/n-DIVSMS-EP-Lurigancho of July 15, 2010 (evidence file, folios 2573 to 2574); and communication N° 5418-2010-DIRSEPEN-EP-Lurigancho of the Director of the Penitentiary of Lurigancho, dated August 5, 2010 (evidence file, folios 2575 to 2576). Cf. Communication of APRODEH and the FIDH addressed to the President of the National Criminal Chamber of July 2008 (evidence file, folios 313 to 314). 97

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