facts attributed to accused Vladimiro Montesinos Torres, Nicolás de Bari Hermoza Ríos, Roberto
Huamán Ascurra and Jesús Zamudio Aliaga.245
197. The Special Criminal Chamber of the Superior Court of Lima acted on April 2, 2003 to
partially overturn the June 11, 2002 order (supra para. 183) and agreed to open investigation
of Juan Fernando Dianderas Ottone, Martín Solari de la Fuente and Herbert Danilo Ángeles
Villanueva to be charged as accessories to a crime. 246
198. The Third Special Criminal Chamber ordered the opening of a summary investigation
on June 30, 2003 and issued a warrant for house arrest against Juan Fernando Dianderas
Ottone, Martín Solari de la Fuente and Herbert Danilo Ángeles Villanueva. 247
199. The process underway for the crime of serving as an accessory in injury of the State
was joined with the ongoing murder process against Vladimiro Montesinos Torres et al., on
August 12, 2003.248
200. Based on the expert reports and testimonies, the Specialized Provincial Prosecutor held
on April 14, 2003 that criminal liability had been established for Vladimiro Montesinos Torres,
Nicolás de Bari Hermoza Ríos and Roberto Huamán Ascurra for the crime of murder of Herma
Luz Meléndez Cueva and Víctor Salomón Peceros Pedraza. He also found that they were
criminally liable, along with Jesús Zamudio Aliaga, for the same crime against Eduardo Nicolás
Cruz Sánchez.249
201. The State was held as a third party holding civil liability in the process in the ordinary
courts, based on a motion by the plaintiffs on October 3, 2003. 250
202. The Third Special Criminal Chamber responded on October 15, 2004 to the motions
lodged by the defendants and ordered the immediate release of Vladimiro Montesinos Torres,
Nicolás de Bari Hermoza Ríos and Roberto Edmundo Huamán Ascurra, finding that “the usual
period of detention […] had fully lapsed, not due to any negligence of action by this court, but
because the records were forwarded with the final reports to the Special Superior Criminal
Chamber on November [3], 2003, and remained eight months in that stage before being
returned on July [7], 2004.”251
203. The First Special Criminal Chamber of the Superior Court of Lima filed a motion on
March 21, 2005 with the Criminal Chamber of the Supreme Court, asking it to determine which
court should hear the case, given the changes in the legal status of one of the people being
Cf. Order by the Third Special Criminal Chamber, September 9, 2002 (evidence file, volume II, annex 30 to
the case submission brief, folios 919 to 920).
245
Cf. Ruling by the Special Criminal Chamber of the Superior Court of Lima, April 2, 2003 (evidence file,
volume II, annex 27 to the case submission brief, folios 891 to 894).
246
247
Cf. Order by the Third Special Criminal Chamber, June 30, 2003 (evidence file, volume II, annex 28 to the
case submission brief, folios 906 to 910).
Cf. Order by the Third Special Criminal Chamber, August 12, 2003 (evidence file, volume II, annex 29 to
the case submission brief, folio 917).
248
249
634).
Cf. Prosecution hearing, April 14, 2003 (evidence file, volume I, annex 8 to the case submission brief, folio
Cf. Order by the Third Special Criminal Chamber, October 03, 2003 (evidence file, volume II, annex 31 to
the case submission brief, folio 922).
250
Orders by the Special Criminal Chamber, October 15, 2004 (evidence file, volume II, annex 33 to the case
submission brief, folios 928 to 933).
251