35 the civilians who died in the military operation “Apolonia;” he was sentenced to 18 months imprisonment and the payment of 500 new soles in civil reparations, to be paid jointly with the State. The same court also o convicted NCO, Second Class, Fidel Gino Eusebio Huaytalla for the offenses of disobedience with the aggravating factor of larceny, and sentenced him to ten months imprisonment and the payment of 200 new soles in civil reparations. In addition, the court convicted NCO, Third Class, Duilio Chipana Tarqui, for offenses against the duty and dignity of service, handing down a prison term of 8 months and the payment of 100 new soles in civil reparations. However, it acquitted Infantry Lieutenant Javier Bendezú Vargas, Communications Lieutenant Abel Hipólito Gallo Coca, NCO, Second Class, Fidel Gino Eusebio Huaytalla, NCO, Third Class Duilio Chipana Tarqui, Sergeant, First Class, Oscar Alberto Carrara Gonzales, Sergeant, Second Class, Dennis Wilfredo Pacheco Zambrano and Corporal Simón Fidel Breña Palante of the crimes of aggravated homicide, theft, abuse of authority, disobedience, negligence and extortion. 108 109. On February 10, 1993, the Review Chamber of the Supreme Council of Military Justice confirmed the judgment of the Permanent Court Martial of October 16, 1992 and, regarding the conviction of Infantry Lieutenant Javier Bendezú Vargas for the crime of abuse of authority with the aggravating factor of mendacity, amended the penalty and the amount of the civil reparations imposed, sentenced him to ten years imprisonment and set the amount to be paid as civil reparations at 4,000 new soles. It also imposed the additional penalty of permanent disqualification from serving in the armed forces or in the national police of Peru. 109 E.2. Jurisdictional dispute between the Military Jurisdiction and the Ordinary Jurisdiction 110. On November 29, 1991, Zósimo Hilario Quispe filed a complaint with the Huancavelica Mixed Provincial Prosecutor’s Office against Javier Bendezú Vargas, “Fidel Eusebio Huayta [sic]”, Oscar Carrera Gonzalez, Carlos Prado Chinchay and Dennis Pacheco, “all former members of the Peruvian Army,” for crimes against life (aggravated homicide) and property, among others, committed on July 4, 1991, to the detriment of 14 community members of Santa Bárbara. Certified copies of the investigation carried out by the Prosecutor's Office for Crime Prevention of Huancavelica were attached. 110 111. On December 4, 1991, lawyers from the Center for Studies and Action for Peace( CEAPAZ) requested that the Public Prosecutor ensure that those responsible for the facts under investigation be tried in the ordinary courts, for which the Prosecutor of Huancavelica should file the respective criminal charges before the Examining Magistrate’s Court of Huancavelica. 111 Likewise, on February 5, 1992, Zósimo Hilario Quispe filed a declination of jurisdiction before the Second Army Judicial District, requesting that the Permanent Military Tribunal of Ayacucho refrain from hearing the case and refer it to the Huancavelica Examining Magistrate, on the grounds that the military jurisdiction was only competent to examine offenses committed in the line of duty. 112 112. On February 7, 1992, the person in charge of the Huancavelica Mixed Provincial Prosecutor’s Office filed a criminal complaint before the Examining Magistrate against Javier Bendezú Vargas, Duilio Chipana Tarqui, “Fidel Ausebio Huaytalla”, Oscar Carrera Gonzáles, Carlos Prado Chinchay and Dennis Pacheco Zambrano, all former members of the Peruvian Army Cf. Judgment of October 16, 1992, of the Second Army Judicial District (evidence file, folios 127 to 139). Cf. Review of February 10, 1993 of the Supreme Council of Military Justice (evidence file, folios 142 to 145). 110 Cf. Complaint of Zósimo Hilario Quispe of November 29, 1991 before the Huancavelica Mixed Provincial Prosecutor’s Office (evidence file, folios 100 and 101). 111 Cf. Brief of CEAPAZ of December 4, 1991, submitted to the Public Prosecutor’s Office (evidence file, folios 104 and 105). 112 Cf. Application of Zósimo Hilario Quispe of February 5, 1992 for declination of jurisdiction filed before the Second Army Judicial District (evidence file, folios 108 and 109). 108 109