17 at that time was known by the alias “Conan.” Mr. Porfirio Osorio claims that the complaint was not finalized since the lieutenant appeared at the Cajatambo Prosecutor’s office on that date and threatened 66 to “report [him] as a terrorist to the Army’s 8th Armored Division.” 70. On May 9, 1991, Porfirio Osorio Rivera returned to the prosecutor’s office in Cajatambo and filed a criminal complaint for the offense of forced disappearance, as set out at that time in Article 323 67 of the Criminal Code. On May 17, 1991, he made a new filing, requesting the expansion of the complaint 68 to cover the crimes of abduction and aggravated homicide. On May 24, 1991, the Provincial Prosecutor ordered the transfer of the proceedings to the military justice system, in favor of which he declined jurisdiction so that the alleged disappearance of Jeremías Osorio could be investigated under the terms 69 of Law No. 23214 (Code of Military Justice). Mr. Porfirio Osorio filed a complaint remedy against that 70 decision on May 27, 1991, which was resolved in his favor on June 20 of that year by the Second Senior Prosecutor of Callao, who ordered the Provincial Prosecutor of Cajatambo to continue with the 71 investigations through the regular justice system. 71. On June 28, 1991, the Mixed Provincial Prosecution Office of Cajatambo formally filed criminal charges against “Andrés López Cárdenas,” the pseudonym used by Lt. Juan Carlos César Tello 72 Delgado, for the crimes of violating personal liberty through abduction and aggravated homicide. On July 10, 1991, the Mixed Court of Cajatambo ordered the commencement of criminal committal proceedings exclusively for the crime of violating personal liberty and also ordered that statements be taken from the defendant, from Porfirio Osorio Rivera, and from the witness Gudmer Tulio Zárate, and 73 that a reconstruction of the facts be performed. The copy of case file No. 24-91 presented to the IACHR does not indicate that the last two formalities were carried out. 72. In the committal commencement deed of July 10, 1991, the complaint was ordered to be returned as regards the crime of homicide, because the Provincial Prosecutor had neglected to include an 74 explanation of how it was perpetrated and evidence of the corpus delicti. 73. In a written submission dated August 13, 1991, Porfirio Osorio requested an on-site inspection of the community center where his brother was held, the cross-examination of the accused, 75 and the taking of statements from Gudmer Tulio Zárate and other witnesses. On August 26, 1991, the 66 Annex 32: Preventive statement of Porfirio Osorio Rivera, given on July 7, 2006, to the Mixed Court of Cajatambo, p. 4. 67 Annex 37: Criminal complaint lodged on May 9, 1991, by Porfirio Osorio Rivera with the Mixed Provincial Prosecution Office of Cajatambo, dated May 7, 1991. 68 Annex 38: Complaint expansion document of May 17, 1991, addressed to the Provincial Prosecutor of Cajatambo and signed by Porfirio Osorio Rivera. 69 Annex 39: Resolution of the Mixed Provincial Prosecution Office of Cajatambo of May 24, 1991, stating that “the defendant is a serving officer of the Peruvian Army and when the facts referred to in the complaint were committed, he was serving as the chief of the Cajatambo Countersubversive Military Base; consequently, the investigation must be carried out under the terms of Law No. 23214 (Code of Military Justice)…” 70 Annex 40: Complaint remedy addressed to the Provincial Prosecutor of the province of Cajatambo, registered as received on May 28, 1991. 71 Annex 41: Resolution of the Superior Prosecutor of Callao of June 20, 1991, which “ruled GROUNDED the complaint lodged by the aforesaid complainant against Provincial Prosecutor Julio César Casma Angulo for having resolved to refer the entire proceedings to the military justice system…” 72 Annex 42: First page of the criminal complaint of June 28, 1991, against “Andrés López Cárdenas,” filed before the Committal Judge of Cajatambo by the Provincial Prosecutor of Cajatambo. 73 Annex 43: Committal commencement deed issued by the Mixed Court of Cajatambo on July 10, 1991, case file No. 24- 74 Annex 43: Committal commencement deed issued by the Mixed Court of Cajatambo on July 10, 1991, case file No. 24- 91. 91. 75 Annex 44: Submission from Mr. Porfirio Osorio to the Committal Judge of Cajatambo, dated August 13, 1991. Partially legible document.

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