38
ordered the annulment of the judicial and police records of the six defendants who benefited
from the amnesty. 124 The application of the amnesty law was endorsed by the Senior Prosecutor
for Criminal Matters and was also confirmed by the First Transitional Criminal Chamber of the
Supreme Court of Justice of Peru by order of January 14, 1997. 125
122. On March 14, 2001, the Inter-American Court issued a judgment in the Case of Barrios
Altos v. Peru, in which it found that Amnesty Laws No. 26.479 and No. 26.492 were incompatible
with the American Convention and, consequently, lacked legal effect. Subsequently, in its
interpretation of that judgment, the Court considered that, “given the nature of the violation
that Amnesty Laws 26479 and 26492 constitute, the effects of the decision in the judgment [of
March 14, 2001] are general in nature.” 126
E.5. Reopening of the case in the Military and the Ordinary Jurisdictions
123. Based, inter alia, on the judgment of the Inter-American Court in the Case of Barrios
Altos v. Peru (supra para. 122), on June 28, 2002, the Plenary Chamber of the Supreme Council
of Military Justice declared the Supreme Decree of June 16, 1995 null and void and ordered that
the case be reopened in execution of the judgment. 127 There is no record in the file of any
subsequent action in this regard. Meanwhile, in the ordinary jurisdiction, on June 24, 2004, the
Huancavelica Provincial Criminal Prosecutor requested that the Prosecutor General reopen
Criminal File No. 1993-027, and refer the case files to the Supreme Court of Justice so that,
subject to the opinion of its Chief Prosecutor, it would order the reopening of the proceedings. 128
On June 22, 2005, the Superior Mixed Prosecutor’s Office of Huancavelica considered that the
Mixed Chamber of the Huancavelica Superior Court of Justice should declare null and void the
decision to final archive the proceedings in application of Amnesty Laws Nos. 26.479 and 26.492,
and, in accordance with Article 151 of the Organic Law of the Judiciary, reopen the case. 129
124. On July 14, 2005, the Mixed Chamber of the Superior Court of Huancavelica declared null
and void the decision of July 4, 1995 (supra para. 121) and ordered the case to be reopened
and to join it to the preliminary investigation assigned No. 808-2002, which had been initiated
after the CVR’s Final Report for the same facts. On August 26, 2005, said chamber reiterated
the trial order issued on July 3, 1994, which had not been executed (supra para. 116). Given
that the defendants had absconded, it withheld the date for starting the oral proceedings, until
they could be located and/or placed at the disposal of the judicial authority. 130 On November 10,
2005, the Public Prosecutor’s Office in Huancavelica indicated that the criminal proceeding should
continue from the stage it had reached when the decision of July 4, 1995, was issued and,
consequently, that a date should be set for the hearing. 131
124
Cf. Resolution of May 5, 2004 of the Specialized Provincial Prosecutor for Human Rights, Forced Disappearances,
Extrajudicial Executions and Exhumations of Clandestine Graves in Huancavelica (evidence file, folios 172 to 178).
125
Cf. Auto of January 14, 1997, of the First Transitional Criminal Chamber of the Supreme Court of Justice
(evidence file, folios 154 to 156).
126
Cf. Case of Barrios Altos v. Peru. Merits. Judgment of March 14, 2001. Series C No. 75, paras. 39 and 44, and
Case of Barrios Altos v. Peru. Interpretation of judgment on the merits. Judgment of September 3, 2001. Series C No.
83, para. 18.
127
Cf. Resolution of June 28, 2002 of the Plenary of the Supreme Council of Military Justice (evidence file, folios
5359 and 5360).
128
Cf. Official letter No. 1085-2004-MP-FPP-HUANCAVELICA of June 24, 2004, of the Provincial Prosecutor’s Office
of Huancavelica (evidence file, folio 180).
129
Cf. Report No. 12 of June 22, 2005 of Mixed Prosecutor’s Office of Huancavelica (evidence file, folios 3978 and
3979).
130
Cf. Judgment of the National Criminal Chamber of February 9, 2012 (evidence file, folio 4374).
131
Cf. Report No. 22/2005-VARIOS of Mixed Prosecutor’s Office of Huancavelica of November 10, 2005, File No.
1993-027 (evidence file, folio 182).