record was drawn up. 98 Jeremías Osorio Rivera and his cousin Gudmer Tulio Zárate Osorio
remained detained all that day, because the members of the battalion devoted their efforts to
repelling an attack by Shining Path. 99
69.
Hearing of the detention, Aquiles Román Atencio, a resident of Cochas Paca and a friend of
Mr. Osorio Rivera, went to the place where he was held that same day to inquire about his
detention, and was told that “the victim was detained because he was a terrorist and was carrying
a police weapon.” 100 During the day, Porfirio Osorio Rivera, brother of the presumed victim,
became aware of the detention and went, accompanied by his mother and sister-in-law, to the
place where the presumed victim was being held. 101 They asked for their family member, and the
soldiers responded that no one was detained there. Then, Lieutenant Tello Delgado appeared and
said that “[…] they did not need any advocacy efforts there; that [his] brother had committed a
serious crime.” 102 Before they could obtain further information, Lieutenant Tello Delgado left to
conduct a military operation. 103 Porfirio Osorio Rivera remained in that place until the members of
the Battalion returned at 7 p.m., and during this time he tried to obtain more information and to
speak to his brother, but was unable to do so. He waited until 10 p.m., when he was asked to
leave. 104
made by the witness Arnulfo Roncal Vargas before the National Criminal Chamber during the fourteenth session of the oral
proceeding held on March 18, 2011 (evidence file, volume IX, annex 18 to the State’s answering brief, folio 4674).
98
Cf. Preliminary statement made by Juan Carlos César Tello Delgado before the Fourth Supraprovincial Court on May
8, 2007 (evidence file, volume IX, annex 22 to the State’s answering brief, folio 4775), and Statement made by Juan Carlos
Tello Delgado before the National Criminal Chamber during the fourth session of the oral proceeding held on December 13,
2010 (evidence file, volume IX, annex 15 to the State’s answering brief, folio 4613).
99
Cf. Preliminary statement made by Juan Carlos César Tello Delgado before the Third Permanent Military Judge on
June 4, 1993 (evidence file, volume IV, annex 63 to the submission of the case, folio 1870); Preliminary statement made by
Juan Carlos César Tello Delgado before the Fourth Supraprovincial Court on May 8, 2007 (evidence file, volume IX, annex
22 to the State’s answering brief, folios 4768 and 4775), and Copy of radiogram No. 635 of April 30, 1991 (evidence file,
volume IX, annex 26 to the State’s answering brief, folio 4807).
100
Statement made by Aquiles Román Atencio during the twelfth session of the oral proceeding held on August 5,
2008, referred to in the judgment delivered by the National Criminal Chamber on December 17, 2008 (evidence file, volume
IX, annex 20 to the State’s answering brief, folio 4727).
101
Cf. Testimonial statement made by Santa Fe Gaitán Calderón before the Court for Civil and Criminal Matters of
Cajatambo on July 7, 2006 (evidence file, volume IV, annex 22 to the submission of the case, folios 1684 and 1685);
Statement made by Santa Fe Gaitán Calderón before the National Criminal Chamber during the twelfth session of the oral
proceeding held on March 4, 2011 (evidence file, volume IX, annex 28 to the State’s answering brief, folio 4815); Affidavit
prepared by Santa Fe Gaitán Calderón on August 14, 2013 (evidence file, volume XI, affidavits, folio 5304); Testimonial
statement made by Juana Rivera Lozano before the Court for Civil and Criminal Matters of Cajatambo on December 19,
2005 (evidence file, volume IV, annex 29 to the submission of the case, folio 1772), and Preliminary statement made by
Porfirio Osorio Rivera before the Special Provincial Prosecutor for Enforced Disappearances, Extrajudicial Executions and
Exhumations of Clandestine Graves on October 18, 2004 (evidence file, volume IV, annex 20 to the submission of the case,
folios 1671 and 1672).
102
Preliminary statement made by Porfirio Osorio Rivera before the Special Provincial Prosecutor for Enforced
Disappearances, Extrajudicial Executions and Exhumations of Clandestine Graves on October 18, 2004 (evidence file,
volume IV, annex 20 to the submission of the case, folio 1671).
103
Cf. Preliminary statement made by Juan Carlos César Tello Delgado before the Third Permanent Military Judge on
June 4, 1993 (evidence file, volume IV, annex 63 to the submission of the case, folio 1870); Preliminary statement made by
Juan Carlos César Tello Delgado before the Fourth Supraprovincial Court on May 8, 2007 (evidence file, volume IX, annex
22 to the State’s answering brief, folios 4768 and 4775), and Copy of radiogram No. 635 of April 30, 1991 (evidence file,
volume IX, annex 26 to the State’s answering brief, folio 4807).
104
Cf. Preliminary statement made by Porfirio Osorio Rivera before the Special Provincial Prosecutor for Enforced
Disappearances, Extrajudicial Executions and Exhumations of Clandestine Graves on October 18, 2004 (evidence file,
volume IV, annex 20 to the submission of the case, folio 1671), and Statement made by Porfirio Osorio Rivera before the
Inter-American Court during the public hearing held on August 29, 2013.
26