22 that the Office of Recruitment had declared Mr. Quispealaya to be apt for service and without physical and psychological limitations prior to enlisting in the military service; nor had the medical report of Dr. Zapana, ophthalmologist of the Military Hospital been taken into account; nor the evaluation of Dr. Paz; nor the declaration of the soldier Edwin Wilfredo Huayra Arancibia, who was at the victim’s side at the moment of the events, nor the reconstruction of the events which established that the but of the weapon impacted part of the victim’s right eyebrow and forehead; as well as the continuous threats and abuse that the victim had suffered.77 84. On March 24, 2007, the Permanent Military Judge of Huancayo resolved to close the case file against noncommissioned officer Juan Hilaquita Quispe for the alleged crime of authority, based on the Constitutional Tribunal’s judgment of December 15, 2006, which established that Military Justice would have no jurisdiction over common crimes sanctioned by the Criminal Code and declared unconstitutional certain articles of the Code of Military Justice, including those which referred to “abuse of authority” since they did not involve offenses in the course of duty. 78 Similarly, the sentence of March 24, 2007 ordered that the allegations be communicated to the Public Prosecutor of Huancayo so that it could act in accordance with its constitutional attributions. 79 On August 16, 2007, the Permanent War Council of the Second Judicial Zone of the Army affirmed the former judgment,80 and on August 17, 2007 the certified copies of the case file were sent to the Public Prosecutor of Huancayo. 81 2. Criminal proceedings before the civil courts after 2007 85. On November 9, 2007, the First Provincial Prosecutor for Criminal Matters of Huancayo resolved to begin a preliminary investigation at the police level for a thirty-day period for the alleged commission of crimes against life, body and health in the manner of serious injuries presumably committed by Juan Hilaquita Quispe to the detriment of Valdemir Quispealaya Vilcapoma, after receiving the parts of the case file sent by the Second Judicial Zone of the Army of Huancayo.82 86. On June 23, 2008, the National Police issued a police citation for Valdemir Quispealaya Vilcapoma to appear at the police station to give his testimony in relation to the police investigation that had been carried out for the alleged crime against (his) life, body and health. 83 Similarly, the case file indicates that on the same date, the Police issued a notice “regarding the actions taken to notify 77 Annex 25. Supreme Council of Military Justice – 2nd Judicial Area of the Army. Supreme Order of November 17, 2005. Annex to the State’s communication of July 26, 2006. 78 Annex 4. Decision on final closing of the case file before the military courts of March 24, 2007, signed by Permanent Military Judge of Huancayo, Julio César Enciso Quilla. Annex to the State’s communication of 10 July 2008 79 Annex 4. Decision on final closing of the case file before the military courts of March 24, 2007, signed by Permanent Military Judge of Huancayo, Julio César Enciso Quilla. Annex to the State’s communication of 10 July 2008. 80 Annex 29. Case No. 12000-2002-2007, Lima, August 16, 2007. Annex to the State’s communication of June 26, 2009. 81 Annex 31. Notice No. 0186/2da ZJE/ REL. Addressed to the Provincial Public Prosecutor of Huancayo, Case No. 12000-2002-0007. Annex to the State’s communication of June 26, 2009. 82 Annex 26. Register No. 707-2007, Huancayo, November 9, 2007, Office of the Attorney General, First Criminal Public Prosecutor of Huancayo. Annex to the State’s communication of July 10, 2008. 83 Annex 34. Police Citation VIII-DIRTEPOL-RJ-DIVICAJ-DEINCRI-HYO of June 23, 2008. Annex to the State’s communication of May 2, 2013.