36 (Counter Subversive Battalion No. 43-Pampas led by Commander Caro), for crimes of genocide, theft, damages and abuse of authority, among others, to the detriment of Francisco Hilario Torres and others, all members of the community of Santa Bárbara. 113 113. On February 20, 1992, the judge of the Sixth Permanent Military Tribunal of Ayacucho presented a motion challenging the jurisdiction of the Examining Magistrate of the ordinary criminal court of Huancavelica, in view of the imminent opening of an investigation against the military personnel allegedly responsible for perpetrating the crimes. This challenge was filed in compliance with the provisions of the Constitution and Article 10 of Law No. 24(1)50 (supra para. 86), due to the fact that the events occurred during the state of emergency decreed in the Department of Huancavelica, and that the members of the armed forces and the national police who were serving in declared “emergency areas”, were subject to the application of the Code of Military Justice. 114 The military court did not suspend the proceedings initiated for the events of July 4, 1991 while the dispute over jurisdiction was being settled. (supra paras. 90 and 91). 114. The jurisdictional challenge was submitted to the consideration of the Criminal Chamber of the Supreme Court of Justice. In the context of said proceeding, in his briefs of January 18 and May 13, 1993, respectively, the Senior Assistant Prosecutor and the representative of CEAPAZ, on behalf of the families of the alleged victims of the peasant community of Santa Bárbara, requested that the President of that Chamber settle the jurisdictional dispute in favor of the ordinary jurisdiction. 115 115. On June 17, 1993, the Supreme Court of Peru settled the jurisdictional dispute, declaring that the ordinary courts should investigate and try the facts denounced. 116 E.3. Ordinary Jurisdiction: Criminal Court of Huancavelica – Criminal Case File No. 1993-027 (Judicial proceedings against Lieutenant Javier Bendezú Vargas and others) 116. Following the criminal complaint filed by the Mixed Provincial Prosecutor’s Office of Huancavelica on February 7, 1992, (supra para. 112) and with regard to the fifteen victims in this case, the Huancavelica Criminal Court ordered an investigation to be opened on February 26, 1992 against Javier Bendezú Vargas, Duilio Chipana Tarqui, “Fidel Ausebio Huaytalla,” Oscar Alberto Carrera Gonzáles, Carlos Prado Chinchay and Dennis Pacheco Zambrano, for the crimes of abuse of authority, genocide, offenses “against the administration of justice,” theft and damages, among others, and ordered several evidentiary procedures to be carried out. 117 On January 12, 1993, all the defendants in the case were declared in default as fugitives. 118 After the dispute over jurisdiction between the military and ordinary courts was settled (supra para. 115) and the preliminary investigation stage was completed, the Superior Provincial Prosecutor's Office of Huancavelica filed an indictment against these individuals, who were fugitives from justice, by means of a ruling dated July 3, 1994, and its clarification dated August 5, 1994. 119 113 Cf. Complaint No. 19-92 of February 7, 1992, filed by the Provincial Prosecutor of Huancavelica (evidence file, folios 111 to 116). 114 Cf. Ruling of February 20, 1992, of the Sixth Permanent Military Tribunal of the Second Army Judicial District of Ayacucho (evidence file, folio 125). 115 Cf. Brief of the Senior Assistant Prosecutor of January 18, 1993, addressed to the President of the Criminal Chamber of the Supreme Court of Justice (evidence file, folios 3950 and 3951), and brief of the Center for Studies and Action for Peace (CEAPAZ) of May 26, 1993 sent to the President of the Criminal Chamber of the Supreme Court of Justice (evidence file, folios 162 to 170). 116 Cf. Decision of June 17, 1993 of the Supreme Court of Justice of Peru (evidence file, folio 3960). 117 Cf. Record of investigation of February 26, 1992, Huancavelica Criminal Court (evidence file, folios 158 to 160). 118 Cf. Judgment of the National Criminal Chamber of March 4, 2008 (evidence file, folio 4155). 119 Cf. Indictment filed by the Senior Provincial Prosecutor of Huancavelica of July 3, 1994 (evidence file, folios 3962 to 3965) and Clarification of the Senior Provincial Prosecutor of Huancavelica of August 5, 1994 (evidence file, folio 3966).