77
Terrorism formalized a criminal accusation against 4 of the inmates that are alleged
victims in this case, for the crimes of terrorism, breach of personal liberty, exposition
or abandonment of people in danger, illegal possession of weapons and explosive
materials, and violence and resistance to authority against the State, based on the
events occurred as a consequence of “Operative Transfer 1”. Through judgment of
April 20, 1996, issued by the Special Criminal Court of the Supreme Court of Justice
of Lima, the accused were convicted to a life sentence. Said ruling was annulled and
a new trial was started.107
197(67)
On February 3, 2004 the National Terrorism Chamber of the Supreme
Court of Justice of Peru issued a judgment in which, after months of investigations,
hearings, and receiving statements, it acquitted the inmates that had been accused
of the crimes previously mentioned.108 In said judgment, the Terrorism Chamber
established, inter alia, that “on May 6, 1992 the inmates of pavilions One A and four
B were not rebellious, nor were they carrying out acts of force or violence
whatsoever, that would have justified an intervention of the public forces of the
characteristics […] of ‘Operative Transfer 1’.” Likewise, it established that “the
continuance by the inmates […] of an armed resistance to the development of the
operative for the four days mentioned, resulted materially impossible, due to the
volume of fire (from long weapons) and the demolition suffered by the pavilions
occupied by them.” Besides, it stated that “[w]hat was previously established does
not weaken the fact that when facing the first actions of the operative, there could
have been an initial armed resistance by a sector of the inmates, which the Court
[…] has established occurred after comparing not only the versions of the police
officers that testified, but also the fact that the police officer José Idroho Olano died[,
…] as a consequence of having received the impact of bullets from fire weapons in
the head, and the existence wounds in [several] police officers […] produced some
by splinters from explosives and others from bullets from fire weapons.” 109
Investigation against members of the National Police Force
197(68)
A proceeding originated in an accusation against the police personnel
that participated in “Operative Transfer 1” was brought before the Second Chamber
of the Superior Council of Justice of the II Judicial Zone of the National Police Force
of Peru. This proceeding finished with Ruling No. 41592 of November 5, 1992, that
declared that there were not enough merits to commence the preliminary proceeding
against the members of the National Police Force of Peru that intervened in the
“operative” because they were performing an act of service and in compliance with
the Law, and it ordered the definitive shelving of the accusation.110
107
Cfr. Judgment issued by the Special Criminal Court of the Supreme Court of Justice of Lima on
April 20, 1996 (dossier of appendixes to the petition, appendix 261, folios 2840, 2851, and 2860); Final
Report of the Commission for Truth and Reconciliation, CVR, issued on August 27, 2003, in the city of
Lima, Peru, Volume VII, section 2(68), Extrajudicial killings in the criminal center Canto Grande, page 785
(dossier of appendixes to the petition, appendix 6, corresponding to a compact disc); and Judgment
issued by the National Terrorism Chamber of the Supreme Court of Justice of Peru on February 3, 2004
(dossier of appendixes to the petition, appendix 274, folios 3151 through 3153).
108
Cfr. Judgment issued by the National Terrorism Chamber of the Supreme Court of Justice of Peru
on February 3, 2004 (dossier of appendixes to the petition, appendix 274, folios 3151 through 3246).
109
Cfr. Judgment issued by the National Terrorism Chamber of the Supreme Court of Justice of Peru
on February 3, 2004 (dossier of appendixes to the petition, appendix 274, folio 3221).
110
Cfr. Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27,
2003, in the city of Lima, Peru, Volume VII, section 2(68), Extrajudicial killings in the criminal center