70. On April 30, 1991, at 6 a.m., Gudmer Tulio Zárate Osorio was released without any record of his release or other document signed by the detainee being issued, and “because no evidence had been found that would justify his detention.” 105 To the contrary, it was considered necessary to await orders from above to decide whether it was appropriate to release Jeremías Osorio Rivera, because, supposedly, he had fired the shot. 106 That same day, Santa Fe Gaitán Calderón and Porfirio Osorio Rivera went to his place of detention to try and give him breakfast and see him, but this was not permitted. 107 While there, they heard Lieutenant Tello Delgado stating that the patrol would be leaving Nunumia the same day, which led Porfirio Osorio Rivera to try and obtain the signatures of members of the community to certify the good conduct of his brother and that he had no links to Shining Path, in order to achieve his release. 108 71. At around 10 a.m. on April 30, 1991, the military patrol began its return to the town of Cajatambo. 109 For the return journey to Cajatambo the members of the Battalion used horses loaned by the community, on one of which they mounted Mr. Osorio Rivera; they were accompanied by four members of the community who would return with the horses. 110 Several community members, including his family members, watched as Jeremías Osorio Rivera was led away with his face covered by a hood and his hands tied. 111 This was the last time that Jeremías Osorio Rivera’s mother, permanent companion and brother saw him. 112 105 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). 106 Cf. Statement 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, folios 4673 to 4677), and Testimonial statement made by Arnulfo Roncal Vargas during the nineteenth session of the oral proceeding held on September 25, 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 4733). 107 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); 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); Preliminary statement made by Santa Fe Gaitán Calderón before the Special Prosecutor for Enforced Disappearances, Extrajudicial Executions and Exhumation of Clandestine Graves on November 19, 2004 (evidence file, volume IV, annex 23 to the submission of the case, folios 1688 and 1689); 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 4816), and Affidavit prepared by Santa Fe Gaitán Calderón on August 14, 2013 (evidence file, volume XI, affidavits, folio 5304). 108 Cf. Certification dated April 30, 1991, with the signatures and electoral identity card numbers of residents of the community of Cochas Paca (evidence file, volume IV, annex 31 to the submission of the case, folios 1779 and 1780); 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. 109 Cf. Copy of radiogram No. 635 of April 30, 1991 (evidence file, volume IX, annex 26 to the State’s answering brief, folio 4807). 110 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 4769); Statement made by Juan Carlos César Tello Delgado before the National Criminal Chamber during the fifth session of the oral proceeding held on December 21, 2010 (evidence file, volume IX, annex 15 to the State’s answering brief, folio 4622); Statement made by Aquiles Román Atencio before the National Criminal Chamber during the eighth session of the oral proceeding held on January 25, 2011 (evidence file, volume VII, annex 13 to the brief with motions, arguments and evidence, folios 3542 and 3543), and Affidavit prepared by Aquiles Román Atencio on August 14, 2013 (evidence file, volume XI, affidavits, folio 5322). 111 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, folio 1685); Affidavit prepared by Santa Fe Gaitán Calderón on August 14, 2013 (evidence file, volume XI, affidavits, folio 5304); Statement made by Aquiles Román Atencio before the National Criminal Chamber during the eighth session of the oral proceeding held on January 25, 2011 (evidence file, volume VII, annex 13 to the brief with motions, arguments and evidence, folio 3542); 27