30 158. On December 18, 2006, the judiciary approved the closure of the case in favor of Carlos Manuel 100 Pedro Chinchay, on the ground that he was a minor at the time of the events. 159. On December 6, 2007, the trial began of former serviceman Oscar Alberto Carrera González 101 following his capture. 160. On March 4, 2008, the National Criminal Chamber of the Superior Court of Justice in and for Lima sentenced Oscar Carrera González to 12 years’ imprisonment for extortion and acquitted him of the charge of genocide. It was also determined that the statute of limitations as regards criminal action for the crimes of 102 damages and larceny had run. This judgment was appealed by the prosecutor's office, the convicted man's defense, and the relatives of the victims. 161. The judgment of March 4, 2008, also ordered certified copies of the case file to be sent to the Huancavelica Prosecutor’s Office in order to investigate Simón Fidel Breña Palante, a member of the Escorpio patrol who took part in Operation Apolonia and who was named by the military personnel who testified in the trial 103 as the person who fired the shots that killed the 15 victims. 162. In 2009, the Supreme Court approved the statute of limitations on criminal action for larceny and 104 damages, annulled Mr. Carrera González’s conviction, and ordered a retrial. 163. On January 14, 2010, the judiciary set the date for the start of Oscar Carrera González’s new trial as March 2010, although subsequently the trial was suspended for administrative reasons and the accused was 105 ordered released because the time limit for his pre-trial detention expired. 164. The trial of Oscar Alberto Carrera Gonzáles on the charge of genocide began in July 2010; as yet, the other accused have not been apprehended despite the fact that there are outstanding national and international warrants for their arrest, and that some of them, such as Duilio Chipana Tarqui and Fidel Gino 106 Eusebio Huaytalla, are in active military service, according to information provided by the Provostship of the 107 Peruvian Army to the judiciary in official letter 3575/A/5/b of December 19, 2005. 165. As of August 2010, the proceedings were at the oral stage, specifically, the questioning of the defendant Oscar Carrera González, who was on restricted release to ensure his appearance at trial, subject to compliance with the rules of conduct. At that time, the other accused (Javier Bendezú Vargas, Duilio Chipana …continuation 99 Appendix 40. Official letter No. 868-2007-JUS/CNDH-SE of May 31, 2007, signed by the Executive Secretary of the National Human Rights Council. Appendix to the State’s brief of July 25, 2007. 100 Appendix 42. Case 42-06 v. Javier Bendezú Vargas et al. Communication of June 13, 2007, signed by July Camargo Mondragón Lima, Registry Office clerk, National Criminal Chamber. Appendix to the State’s brief of July 25, 2007. 101 Petitioners’ brief of October 5, 2010. Not contested by the State. 102 Petitioners’ brief of October 5, 2010, p. 3. Not contested by the State. 103 Petitioners’ brief of October 5, 2010, p. 3. Not contested by the State. 104 Petitioners’ brief of October 5, 2010, p. 3. Not contested by the State. 105 Petitioners’ brief of October 5, 2010, p. 3. Not contested by the State. 106 Petitioners’ brief of October 5, 2010, p. 3. Not contested by the State. 107 Petitioners’ brief of February 11, 2010. Not contested by the State.