72.
The four members of the community accompanied the patrol until it reached Piluyaco,
where their horses were returned to them. The members of the patrol continued to Cajatambo on
foot, 113 leading Jeremías Osorio Rivera by a rope. 114 Before leaving the patrol, one of the
community members asked to talk to Jeremías Osorio Rivera and Lieutenant Tello Delgado gave
him permission. 115 To this end, they took off the hood and this allowed Aquiles Román Atencio to
see that Mr. Osorio Rivera’s face was bruised. 116 The witness also indicated that Mr. Osorio Rivera
requested him to ask “his mother or his companion to go to a Cajatambo.” 117
73.
On May 1, 1991, Porfirio and Silvia Osorio Rivera, the presumed victim’s siblings went to the
Cajatambo Counter-subversive Base to find out about their brother’s situation. There, a sergeant
told them that no detainees had arrived and that Lieutenant Tello Delgado was not there, because
he had gone to the hot springs to bathe; therefore, they withdrew for the day. 118
Affidavit prepared by Aquiles Román Atencio on August 14, 2013 (evidence file, volume XI, affidavits, folio 5322);
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 Pre-emptive statement made by Porfirio Osorio Rivera before the Court for Civil
and Criminal Matters of Cajatambo on July 7, 2006 (evidence file, volume IV, annex 32 to the submission of the case, folios
1782 and 1783).
112
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); 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 Pre-emptive statement made by
Porfirio Osorio Rivera before the Court for Civil and Criminal Matters of Cajatambo on July 7, 2006 (evidence file, volume IV,
annex 32 to the submission of the case, folios 1782 and 1783).
113
Cf. 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); 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 4767); 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), and Affidavit
prepared by Aquiles Román Atencio on August 14, 2013 (evidence file, volume XI, affidavits, folio 5322).
114
Cf. 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).
115
Cf. 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), and Affidavit prepared by Aquiles Román Atencio on August 14, 2013 (evidence file, volume XI,
affidavits, folio 5322).
116
Cf. 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), and Affidavit prepared by Aquiles Román Atencio on August 14, 2013 (evidence file, volume XI,
affidavits, folio 5322).
117
Affidavit prepared by Aquiles Román Atencio on August 14, 2013 (evidence file, volume XI, affidavits, folio 5322).
See also, 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).
118
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 Affidavit prepared by Silvia Osorio Rivera on August 15,
2013 (evidence file, volume XI, affidavits, folio 5310).
28
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