days to execute the measures requested. 135 The Cajatambo Investigating Judge granted the
extension requested and set the date of October 30, 1991, for the on-site inspection. 136 This
measures was conditional on Mr. Osorio Rivera providing the transport and, to this end, he
obtained 20 horses. 137 The on-site inspection was not made on the date set owing to a strike by
court personnel. Consequently, Porfirio Osorio requested a new date and time for making the
inspection. 138 There is no record that the said measure has been taken in the context of the
ordinary proceeding conducted before the Cajatambo Investigating Court.
81.
On November 6, 1991, the Cajatambo Investigating Judge requested, by rogatory
commission, that different expert appraisals be carried out: graphology and dactylography analyses
of the signature and fingerprint on the record of the release of Jeremías Osorio Rivera. 139 The
expert reports revealed that the signature on the record of release had been written by Jeremías
Osorio Rivera because its characteristics were consistent with the signature that appeared on the
electoral roll; regarding the fingerprint, it was concluded that it did not correspond to the right
index finger, but could correspond to another finger. 140
82.
On January 13, 1992, the Provincial Prosecution Service for Civil and Criminal Matters noted
that the Cajatambo Investigating Judge had absented himself without leaving a replacement. 141
Shortly afterwards, on February 3, 1992, Porfirio Osorio Rivera asked to expand the complaint so
that it would be investigated for the crime of enforced disappearance defined in article 323 of the
Peruvian Criminal Code. 142 Before issuing a decision on the expansion, the Provincial Prosecution
Service for Civil and Criminal Matters decided, on February 10, 1992, that there was insufficient
evidence to define the offense of abduction, or substantive indications to infer the criminal
responsibility and/or authorship of Lieutenant Tello Delgado, and requested the “definitive archive
of the matter.” 143 On February 27, 1992, the Provincial Prosecution Service for Civil and Criminal
Matters admitted Porfirio Osorio Rivera’s request and expanded the complaint against Lieutenant
Tello Delgado as author of the offense of disappearance. 144 On March 6, 1992 the Cajatambo
135
Cf. Decision No. 92-91-MP-FPMC issued by the Cajatambo Provincial Prosecutor on September 23, 1991 (evidence
file, volume X, annex 39 to the State’s answering brief, folio 4876).
136
Cf. Order issued by the Cajatambo Investigating Judge on October 15, 1991 (evidence file, volume X, annex 40 to
the State’s answering brief, folio 4878).
137
Brief of December 6, 1991, addressed to the Cajatambo Investigating Judge (evidence file, volume IV, annex 48 to
the submission of the case, folio 1832).
138
Cf. Brief of December 6, 1991, addressed to the Cajatambo Investigating Judge (evidence file, volume IV, annex
48 to the submission of the case, folio 1832).
139
Cf. Rogatory commission of the Cajatambo Investigating Judge of November 6, 1991, addressed to the sitting
Investigating Judge of the Capital-Lima (evidence file, volume X, annex 41 to the State’s answering brief, folio 4881).
140
Cf. Judgment delivered by the National Criminal Chamber on December 17, 2008 (evidence file, volume IX, annex
20 to the State’s answering brief, folios 4737 and 4738), and Criminalistics Directorate of the Peruvian National Police,
Central Laboratory Subdirectorate, Graphology Report No. 2110/91 of December 16, 1991 (evidence file, volume X, annex
42 to the State’s answering brief, folios 4883 to 4885).
141
Cf. Decision No. 02-92-MP-FPMC issued by the Provincial Prosecution Service for Civil and Criminal Matters on
January 13, 1992 (evidence file, volume IV, annex 49 to the submission of the case, folio 1834).
142
Cf. Brief of February 3, 1992, addressed to the Cajatambo Investigating Court (evidence file, volume IV, annex 50
to the submission of the case, folio 1836).
143
Cf. Decision No. 11-92-MP-FPMC issued by the Provincial Prosecution Service for Civil and Criminal Matters on
February 10, 1992 (evidence file, volume X, annex 43 to the State’s answering brief, folios 4887 and 4888).
144
Cf. Expansion of the complaint established by the Provincial Prosecution Service for Civil and Criminal Matters on
February 27, 1992 (evidence file, volume X, annex 44 to the State’s answering brief, folios 4890 and 4891).
31
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