17 85. On June 30, 1995, the 27th Criminal Court of Lima again extended the committal 73 proceedings for 30 days, pursuant to the prosecutor’s request of April 25, 1995. 86. On August 3, 1995, Sergeant Second-Class Antonio Evangelista Pinedo filed an “motion of res judicata” with the 27th Criminal Court of Lima, on the grounds that two sets of proceedings had been brought against him simultaneously for the same incident – one before the military justice system and one before the regular courts – and that in a resolution of June 20, 1995, the Supreme Military Justice Council had awarded him the benefit offered by Law 26479 (the Amnesty Law) following his application for it, and that consequently the matter was res judicata and he could not be tried twice for the 74 same offense. 87. On August 17, 1995, the Provost-Marshal of the Army replied to the letter sent by the 27th Criminal Court of Lima on May 2, 1995, seeking the appearance of the members of the Army patrol for them to give statements; he responded that the order had been given for the soldiers in question to 75 appear before that body. 88. On August 22, 1995, the 27th Provincial Criminal Prosecutor’s Office of Lima submitted its report to the 27th Criminal Court, recommending that the motion of res judicata filed by the defendant be upheld, pursuant to the Supreme Military Justice Council’s resolution of June 20, 1995, “in spite of the existence of sufficient evidence of the commission of the criminal acts [for which Antonio Evangelista 76 Pinedo was being investigated] and of the criminal responsibility of the accused.” 89. On September 1, 1995, the 27th Criminal Court of Lima received a communication from the Third Military Judge, reporting that Law 26479, the Amnesty Law, had been applied in the proceedings against Sergeant Second-Class Evangelista Pineda, forwarding a copy of the resolution of June 20, 1995, and asking to be informed whether a warrant for the arrest of the accused was still in 77 force. On September 7, 1995, the 27th Provincial Criminal Prosecutor of Lima again indicated his opinion to the Judge of the 27th Criminal Court of Lima that “the motion of res judicata filed by Antonio 78 Mauricio Evangelista Pinedo should be upheld.” 90. On September 11, 1995, the 27th Criminal Court of Lima upheld the motion of res judicata filed by the defendant and ordered the proceedings sent to the archive. The resolution also ordered the defendant’s immediate release and the cancellation of the criminal and judicial records 79 created during the proceedings. 73 Annex 37: Document of June 30, 1995, signed by María Teresa Jara García, Criminal Judge, and Edward Diaz, Secretary, 27th Criminal Court of Lima. Annex to the State’s submission of December 14, 2004. 74 Annex 42: Motion of res judicata filed by the defendant Antonio Evangelista Pinedo in the crime against life, body and health – simple homicide and others – with the 27th Criminal Court of Lima on August 3, 1995. Annex to the State’s communication of December 14, 2004. 75 Annex 38: Document No. 879 CP-PREBOSTE 2/29.02.03 of June 22, 1995, signed by Brig. Gen. Juan Pita Montoya, Provost-Marshal of the Army. Annex to the State’s submission of December 14, 2004. 76 Annex 43: Document sent to the Criminal Judge on August 18, 1995, signed by Dr. Fabiola J. Peña Tavera, Provincial Criminal Prosecutor of Lima. Annex to the State’s submission of December 14, 2004. 77 Annex 44: Document No. 1409-95/3J of August 29, 1995, signed by Lt. Col. Segundo Ramos Ruiz, Judge, 3rd Permanent Military Court. Annex to the State’s submission of December 14, 2004. 78 Annex 45: Document sent to the Criminal Judge by the 27th Provincial Prosecutor of Lima, September 7, 1995, motion of res judicata. Annex to the State’s submission of February 27, 2002. 79 Annex 46: Resolution of September 11, 1995, by the 27th Criminal Court of Lima, case file N-431-94. Annex to the State’s submission of February 27, 2002.