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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