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ballistics report.” The weapons seized in “Operative Transfer 1 ” are also trying to be
located, as well as the bullets from fire weapons extracted from the dead, and those
found in pavilions 1A and 4B, in the “roundhouse”, and in “no man’s land”.
Information is also being collected regarding the “weapons seized from the
intervening state personnel”, and official letters have been issued to recollect
information on the names of the personnel and those in charge of the distribution of
the weapons appointed to the different police units that participated in the
“operative”.
There are 13 people accused, among which we can find the former director of the
criminal center (Gabino Marcelo Cajahuanca Parra), the former chief of the National
Police (Adolfo Cuba y Escobedo), and the former Secretary of the Interior (Juan
Briones Dávila). The other accused are Teofilo Wilfredo Vásquez, Alfredo Vivanco
Pinto, Jorge Luis Lamela, Jesús Artemio Konja, Jesús Manuel Pajuelo Garcia, Feliz
Lizarraga, Estuardo Mestanza, José Johnson, Adolfo Javier Cuelles Conero, and
Miguel Barriga. The only arrest warrant that has been issued was against one of the
accused that has not appeared before the court to offer a preliminary statement.
None of the accused have been imprisoned. According to Peruvian legislation, upon
issuing the order to start the preliminary proceedings, the judge may order an arrest
or orders to appear with restrictions. In this process the orders to appear with
restrictions have had a positive result, since with the exception of one of the
accused, all the others have appeared. The fact that the crime they are charged with
is serious is not in itself sufficient grounds to issue an arrest warrant.
The process has been declared complex because the autopsy protocols that were a
“little incomplete” had to be ratified, and statements from people that have several
proceedings against them had to be collected, which causes that the “proceedings
overlap each other.” When a process is declared complex the investigation period,
that normally takes 4 months, is extended to 8 months, pursuant to Article 202 of
the Code of Criminal Procedures.
The investigation period expires approximately on July 25, 2006, and it will be
forwarded to the Supraprovincial Prosecutor so it may issue his opinion, and then to
the National Criminal Court where the trial will take place. In what remains of the
investigation period preliminary statements of the next of kin of the victims will be
received “within what is humanly possible.”
EXPERT OPINIONS
Proposed by the common intervener:
1.
Nizam Peerwani, forensic expert
He referred to the extension and form in which forensic investigations are carried
out. These investigations must include a complete series of X-ray exams of the body
of the deceased. X-rays are very important because they document the wounds,
which allow a prediction on the type of fire weapons used, and the presence of
foreign matters in the body, such as bullets, fragments of grenades or shrapnel. It is
also important to take photographs that document the person’s identity and their
wounds so another forensic expert may perform an independent evaluation.
Likewise, the forensic exam must include the recollection, preservation, and analysis
of blood samples and toxicology exams. The toxicological tests may detect