26 The Military Jurisdiction 136. On October 23, 1991, the Permanent Court-Martial decided to investigate the military personnel 75 allegedly responsible for the killing of 14 villagers from the community of Santa Barbara, based on the opinion of the Inspectorate of the Second Army Judicial District, which found that on July 4, 1991, military personnel committed various offenses recognized in the Criminal Code, in reference to the Military Code of Justice, including aggravated homicide, abuse of authority, negligence, extortion and larceny; offenses against duty and the dignity 76 of the service, and rape, and precisely sets out the offenses committed by each of the men involved. 137. In a decision dated October 28, 1991, Major Juan Pablo Ramos Espinoza, Judge of the Sixth Ayacucho Permanent Military Tribunal, decided to take up the case and receive preliminary Statements from the accused, for whom he issued pre-trial detention orders. In the same decision the Judge ordered notify the Superior Court of Justice of Huancavelica, requesting information as to whether or not there was a proceeding underway on the 77 same charges. 138. On October 31, 1991, the Joint Chiefs of Staff of the Armed Forces publicly announced to the media that an investigation had been ordered into the deaths of 14 villagers in the campesino community of Santa 78 Barbara as a result of excesses committed by an army battalion. 139. On February 20, 1992, the Sixth Ayacucho Permanent Military Tribunal presented a conflict of jurisdiction, in view of the fact that the Lower Criminal Court of Huancavelica was on the point of opening an investigation into the military personnel who allegedly perpetrated the well-known “massacre of Santa Barbara”; 79 that challenge was referred to the Criminal Chamber of the Supreme Court of Justice. 140. The military court did not suspend the proceeding while the jurisdictional challenge was being settled. According to the Report of the Truth and Reconciliation Commission, the intention of the military jurisdiction was "to neutralize any subsequent judicial action, alleging the double jeopardy rule, given that the 80 same facts were involved, although not the same offenses.” 141. On October 16, 1992, the Permanent Court-Martial of the Second Army Judicial District returned a judgment acquitting Lieutenant Javier Bendezú Vargas of the crimes of aggravated homicide, disobedience, negligence, and extortion; but convicting him instead of abuse of authority, with the aggravating factor of mendacity, to the detriment of the civilians who died in Operation Apolonia; he was sentenced to 18 months’ imprisonment and the payment of 500 nuevos soles in civil reparations to be paid jointly with the State. It also 75 Appendix 28, Second Army Judicial District, October 23, 1991, Appendix to the State’s brief of December 29, 2000, 76 Appendix 27. 1st appendix to the State’s brief of December 29, 2000; Appendix 1. Final Report of the Truth and Reconciliation Commission of Peru. Volume VII. Chapter 2: Cases Investigated by the CVR 2.50. The Extrajudicial Executions in Santa Barbara, Proceedings in the Military Jurisdiction. 77 Appendix 1. Final Report of the Truth and Reconciliation Commission of Peru. Volume VII. Chapter 2: Cases Investigated by the CVR 2.50. The Extrajudicial Executions in Santa Barbara, Proceedings in the Military Jurisdiction. 78 Appendix 16. Military Excess Caused the Death of 14 Campesinos. Expreso newspaper, October 31, 1991. Appendix 5 to the petitioners’ brief of November 5, 1991. 79 Appendix 29. Ayachucho, February 20, 1992, Decision to challenge the jurisdiction of the Examining Magistrate of the Ordinary Criminal Court of Huancavelica. Appendix to the State’s brief of December 29, 2000; Appendix 1. Final Report of the Truth and Reconciliation Commission of Peru. Volume VII. Chapter 2: Cases Investigated by the CVR 2.50. The Extrajudicial Executions in Santa Barbara, Proceedings in the Military Jurisdiction. 80 Appendix 1. Final Report of the Truth and Reconciliation Commission of Peru. Volume VII. Chapter 2: Cases Investigated by the CVR 2.50. The Extrajudicial Executions in Santa Barbara, Proceedings in the Military Jurisdiction.