79
197(72)
On November 16, 2005 the Second Supraprovincial Criminal Court
revoked the order of restricted appearance and issued an Arrest Warrant against Mr.
Federico Hurtado Esquerre, since this accused party did not present himself to offer a
statement.114
197(73)
On May 25, 2006 the Second Supraprovincial Criminal Court extended
the criminal process for a sixty-day term in order to carry out diligences.115
197(74)
During the public hearing held before the Inter-American Court on the
26th and 27th days of June 2006, Mr. Omar Antonio Pimentel Calle, Judge of the
Second Supraprovincial Criminal Court, who has led the judicial investigation of the
facts object of the present case within the domestic realm, expressed which
diligences have been performed: receipt of 12 preliminary statements of accused
parties and 106 preliminary statements of police officers and inmates that witnessed
the facts; expert ratification by 8 legal doctors issuers of the autopsy protocols of the
dead inmates; expert ratification by 8 experts in ballistics issuers of the expert
reports on forensic ballistics practiced on the dead inmates; 15 confrontation
proceedings between the accused, as well as between the latter and the witnesses; 2
proceedings of preventive statements of the next of kin of the injured parties, who
have been the only ones who have appeared before the court and have become a
civil party; judicial inspection in the Miguel Castro Castro Prison, with the
participation and presence of the accused, some inmates that are witnesses of the
case, legal doctors and experts; and identification of victims within the preliminary
proceedings. It also indicated that actions are being carried out in order to: locate
the weapons seized at the end of “Operative Transfer 1”; establish the location of the
bullets extracted from the dead bodies, as well as those found in the installations of
pavilions 1A and 4B, the roundhouse, and esplanade called no man’s land, that will
permit the homologation in order to determine the weapons used; collection of
information of the weapons assigned to the intervening personnel, as well as the
names of said personnel, including that assigned to the different police units that
participated in the “operative” such as DINOES, UDEX, SUAT, and USE.116
197(75)
On August 29, 2006 the Second Supraprovincial Criminal Court
ordered “to commence preliminary proceedings in the regular courts against Alberto
Fujimori Fujimori, as the alleged author of the crime against the Life, Body, and
Health, in the modality of Aggravated Murder, against [40 alleged victims that died
in this case].” Likewise, it issued against him ‘the personal coercive personal of
ARREST, ordering his immediate location and capture at a national and international
level” and the preventive embargo was ordered for his goods and properties and his
bank accounts. Finally, certain proceedings, such as testimonial statements, autopsy
protocols, expert opinions, and the collection of information regarding the personnel
114
Cfr. Testimonial statement offered by Omar Antonio Pimentel Calle Medina in the public hearing
before the Inter-American Court held on the 26th and 27th days of June 2006; and brief of the State’s final
arguments (dossier on merits and possible reparations and costs, Volume IX, folio 2733).
115
Cfr. Brief with the State’s final arguments (dossier on merits and possible reparations and costs,
Volume IX, folio 2733).
116
Cfr. Testimonial statement offered by Omar Antonio Pimentel Calle Medina in the public hearing
before the Inter-American Court held on the 26th and 27th days of June 2006.