41
genetic code of Felipe Flores-Chipana.35 However, the outcome of said test has not been
provided.
Investigations under the military court system
80(42) On April 15, 1993, the Army General Command filed a claim with the Supreme
Council of Military Justice (“SCMJ”) against those who were to be held responsible for the
events that had taken place at La Cantuta. University. Driven by this complaint, on the
following day, the SCMJ War Chamber started inquiry proceedings “against the Peruvian
Army members who should be held responsible for abuse of authority and crimes against
life” perpetrated against Professor Muñoz-Sánchez and the nine students from La Cantuta
University (Case No. 157-V-93).
80(43) On July 7, 1993, in Case No. 157-V-93, the SCMJ Investigation Board extended
inquiry proceedings against Brigade General Juan Rivero-Lazo, Cavalry Colonel Federico
Augusto Navarro-Pérez, Maj. Santiago Enrique Martín-Rivas, Maj. Carlos PichilingueGuevara and Lt. Aquilino Portella-Nuñez and José Adolfo Velarde-Astete, on the grounds of
the alleged commission of abuse of authority and crimes against life, body and health. On
December 13, 1993, inquiry proceedings were extended against Infantry Lt. José Adolfo
Valarde-Astete “and those to be held responsible for” the offense of negligence, as set out
in Section 238 of the Military Code of Justice.36
“Conflict of Jurisdiction” between ordinary criminal courts and military courts
80(44) Following the findings at the clandestine graves of Cieneguilla and Huachipa (above,
paras. 80(30) and 80(37)), on December 13, 1993, the SCMJ Investigation Board admitted
the complaint filed by the SCMJ War Chamber Prosecutor, extended court-ordered
investigations against several members of the army37 in connection with the alleged
commission of the offense of abduction, crimes against administration of justice, forced
disappearance of persons, negligence, abuse of authority, crimes against life, body and
health (murder) against the 10 alleged victims.
80(45) In turn, on December 15, 1993, the relatives of the victims and APRODEH requested
that the Provincial Criminal Prosecutor in Lima file a criminal complaint against Vladimiro
Montesinos, Generals Nicolás de Bari Hermoza-Ríos, Luis Pérez-Documet, Julio SalazarMonroe and Juan Rivero-Lazo, and against other high-level officers of the Peruvian Army.
80(46) Moreover, on December 16, 1993, Chief Attorney of the Sixteenth Provincial Criminal
Prosecutor’s Office in Lima, Victor Cubas-Villanueva, filed with the Sixteenth Criminal Court
in Lima a criminal complaint against Colonel Federico Navarro-Pérez, Lieutenant Colonel
Manuel Guzmán-Calderón, Maj. Santiago Martín-Rivas, Maj. Carlos Eliseo PichilingueGuevara, Lieutenant Aquilino Portella-Nuñez, Technicians Eduardo Sosa-Dávila and Juan
Supo-Sánchez, and Noncommissioned Officers Juan Sosa-Saavedra, Julio Chuqui-Aguirre,
Nelson Carvajal-García, and Hugo Coral-Sánchez, on the grounds of the alleged perpetration
35
Cf. Affidavit executed by Víctor Cubas-Villanueva on September 8, 2006 (record of affidavits, page 3457.)
36
Cf. filing of the criminal complaint by the Specialized Provincial Prosecutor with the Special Criminal Court
(record of Appendixes to the Application, Appendix 40.h, page 1454).
37
Namely, Brigade General Juan Rivero-Lazo, Colonel Federico Navarro-Pérez, Colonel Lt. Manuel GuzmánCalderón, Mayors Santiago Martín-Rivas and Carlos Eliseo Pichilingue-Guevara, Lts. Aquilino Portella-Núñez and
José Adolfo Velarde-Astete.
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