45
i.
j.
heirs of Juan Gabriel Mariños-Figueroa: Román Mariños-Eusebio and Isabel
Figueroa-Aguilar; and
heirs of Armando Richard Amaro-Cóndor: Hilario Amaro-Hancco and
Alejandrina Raida Cóndor-Saez.
80(57) Regarding the investigation of possible intellectual perpetrators of the referenced
events within the military court system, on May 11, 1994, the SCMJ War Chamber started
proceedings (case 227-V-94-A) against Army General Nicolás De-Bari-Hermoza-Ríos,
Brigade Army General Luis Pérez Documet and Retired Army Captain Vladimiro Montesinos,
on the grounds of crimes against life, body and heath —in the degree of murder—,
abduction, forced disappearance of persons, abuse of authority, crime against
administration of justice and negligence against the alleged victims. On August 15, 1994,
the SCMJ War Chamber decided to dismiss the case —a decision which was confirmed on
August 18, 1994, by the SCMJ Review Chamber, which ordered the “final filing” of the
record as it considered there was insufficient evidence to sustain the “criminal offenses
allegedly committed by the above defendants.”43
Amnesty laws and the effects of the decisions of the Inter-American Court in the
Case of Barrios Altos vs. Perú
80(58) On June 14, 1995, Congress voted Law No. 26.479, whereby an amnesty was
granted to military and police officers and civilians involved in violations of human rights
from May 1980 to the date of said law, which was enacted on the same day.
80(59) Under section 1 of Law 26.479, amnesty was to be granted to any military and police
officer and civilians, whether subjected to report proceedings, inquiry, formal investigation,
criminal proceedings or conviction of an ordinary offence, under either civil or military
jurisdiction. Section 4 of said law ordered the immediate release of any and all individual
deprived of their freedom, under arrest or detention, imprisoned or subjected to any other
type of custodial measure. Section 6 of said law ordered final disposition of all court
proceedings, whether then pending or adjudicated, and barred new investigations of the
issue under review within such proceedings.
80(60)By operation of such law and by way of Supreme Court Judgment of June 16, 1995,
the SCMJ granted amnesty to Brigade General Juan Rivero-Lazo, Colonel Federico Augusto
Navarro, Mayors Santiago Enrique Martín-Rivas and Carlos Eliseo Pichilingue-Guevara,
Captain José Adolfo Velarde-Astete, Lieutenant Aquilino Portella-Núñez and Third-rank
Technicians Julio Chuqui-Aguirre, Nelson Rogelio Carvajal-García and Jesús Antonio SosaSaavedra, who had been convicted in case 157-V-93 (supra paras. 80(54) and 80(55)).
Furthermore, the Council ordered the “discontinuance of the sequence of trial proceedings”
filed against (Ret.) Lieutenant Aquilino Portella-Núñez, in connection with the case brought
against him on the grounds of the referenced offenses, commanding discharge and
immediate release from prison of said persons.44
80(61) On June 28, 1995, Congress voted No. 26,492, which shed some light on section 1 of
Law No. 26.479, stating that general amnesty was to be applied compulsorily by the
43
Cf. Discontinuance decision of August 18, 1994, rendered by the Review Chamber of the Supreme Council
of Military Justice (record of Appendixes to application, Appendix 21.e, pp. 752-8).
44
Cf. Judgment dated October 16, 2001, of the Supreme Council of Military Justice declaring “null and void
the Supreme Court Judgment of June 16, 1995, in full, whereby it was decided to grant Amnesty” to said persons
(record of appendixes to application, Appendix 43(l), page 1687).
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