14 71. According to the statement given by Cpl. José Carlos Arica on August 17, 1994, the plan of operations carried out on August 9, 1994, was to “patrol the Ate Vitarte area, inspecting the location,” and he said that normally they did not detain civilians, block traffic, inspect vehicles or homes, but that “when the situation warrants and an order has been given, we ask to check papers, and civilians without documentation are referred to the NCO, who orders their release or referral to the police authorities. 49 Traffic is blocked and vehicles are inspected by ordering them to stop.” He stated that on the day in question, he was with Sgt. Antonio Evangelista Pinedo, “who fired the shot that hit the passenger bus.” The order given by Sgt. Maj. Vivas Chapilliquen was to ask for papers in the area where we were with all the patrol; Sgt. Evangelista and I, on our own initiative, went somewhat further away, approximately two 50 or three blocks.” Asked about the reasons why the vehicle was fired on, Cpl. Arica stated “I believe Sergeant Evangelista fired accidentally: his intention was to raise his weapon but unfortunately it 51 discharged.” 72. In turn, Second Sergeant Antonio Mauricio Evangelista Pinedo said that he intercepted the bus because Cpl. Arica told him that he had ordered it to stop but that the vehicle did not, so he gave the same order, after which it also failed to stop; then, he moved to the side of the road because he was in danger of being knocked down, and he pulled his weapon round to shoot in the air and, as he was 52 53 raising it, it discharged and hit the bus. He said that it was never his intention to fire on the vehicle. He said that after approaching the bus to see what had happened, he saw people screaming and the bullet’s impact to the rear window; he therefore walked away with Cpl. Arica and did not inform Sgt. Maj. Vivas 54 “out of fear that something would happen to me.” Asked whether he had received instructions to inform 55 his immediate superior after discharging his weapon, he replied in the affirmative. 73. On August 12, 1994, the office of the Attorney General received a complaint from the National Coordinator for Human Rights for the killing, injuring, and abandonment of persons committed by 56 members of the Army with respect to Norma Pérez, Zulema Tarazona, and other unidentified persons, and, on August 15, 1994, the Attorney General informed the 27th Prosecutor that that complaint had been 57 received. 49 Annex 16: Statement given by José Carlos Arica López on August 17, 1994, to Capt. Carlos Omar Arquedas Salinas of the National Police and Dr. Fara Cubillas Romero, Associate Prosecutor of the 27th Prosecutor’s Office. Annex to the petitioners’ communication of January 22, 1996. 50 Annex 16: Statement given by José Carlos Arica López on August 17, 1994, to Capt. Carlos Omar Arquedas Salinas of the National Police and Dr. Fara Cubillas Romero, Associate Prosecutor of the 27th Prosecutor’s Office. Annex to the petitioners’ communication of January 22, 1996. 51 Annex 16: Statement given by José Carlos Arica López on August 17, 1994, to Capt. Carlos Omar Arquedas Salinas of the National Police and Dr. Fara Cubillas Romero, Associate Prosecutor of the 27th Prosecutor’s Office. Annex to the petitioners’ communication of January 22, 1996. 52 Annex 17: Statement given by 2nd Sgt. Antonio Mauricio Evangelista Pinedo on August 17, 1994, to Capt. Carlos Omar Arquedas Salinas of the National Police and Dr. Fara Cubillas Romero, Associate Prosecutor of the 27th Prosecutor’s Office. Annex to the petitioners’ communication of January 22, 1996. 53 Annex 17: Statement given by 2nd Sgt. Antonio Mauricio Evangelista Pinedo on August 17, 1994, to Capt. Carlos Omar Arquedas Salinas of the National Police and Dr. Fara Cubillas Romero, Associate Prosecutor of the 27th Prosecutor’s Office. Annex to the petitioners’ communication of January 22, 1996. 54 Annex 17: Statement given by 2nd Sgt. Antonio Mauricio Evangelista Pinedo on August 17, 1994, to Capt. Carlos Omar Arquedas Salinas of the National Police and Dr. Fara Cubillas Romero, Associate Prosecutor of the 27th Prosecutor’s Office. Annex to the petitioners’ communication of January 22, 1996. 55 Annex 17: Statement given by 2nd Sgt. Antonio Mauricio Evangelista Pinedo on August 17, 1994, to Capt. Carlos Omar Arquedas Salinas of the National Police and Dr. Fara Cubillas Romero, Associate Prosecutor of the 27th Prosecutor’s Office. Annex to the petitioners’ communication of January 22, 1996. 56 Annex 33: Submission from the National Coordinator for Human Rights to the Attorney General of August 10, received by the secretary of the Attorney General’s Office on August 12, 1994. Annex to the State’s submission of February 27, 2002. 57 Annex 23: Document of the Public Prosecution Service, office of the Attorney General of the Nation, August 15, 1994, signed by Blanca Nélida Colan Maguiño, Attorney General. Annex to the State’s communication of February 27, 2002.

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