Ollanta Humala's brother Antuaro and 173 army reservists face charges of rebellion, homicide, kidnapping, and material damages for the failed revolt launched against a remote police station on Jan. 1, 2005.

Ollanta Humala was serving as a military attache in South Korea at the time and was accused of being the «intellectual author» of the revolt.

A judge has nullified rebellion charges against the ex-presidential candidate, accepting Ollanta Humala's habeas corpus appeal, lawyer Omar Chehade told The Associated Press.

Humala could still be charged with instigating rebellion in a separate trial for public declarations he made at the outset of the siege in support of his brother's actions, Chehade said.

Humala initially called on Peru's army reservists to start a «popular insurrection,» but quickly distanced himself from Antauro's action after it turned deadly.
Chehade said authorities violated his client's rights by not taking his statement and not allowing him to initiate a defense.

The habeas corpus ruling means Humala cannot be charged in this trail, though he still will be called to testify, Chehade said.

Ollanta Humala lost in a runoff election to President Alan Garcia in the 2006 elections.