74.
On the morning of May 2, 1991, Porfirio and Silvia Osorio Rivera returned to the Cajatambo
Counter-subversive Base where they met Lieutenant Tello Delgado, who informed them that
Jeremías Osorio Rivera had been released the previous day and, in view of the insistence of the
presumed victim’s family members, showed them a document relating to the release. 119 According
to the version of Lieutenant Tello Delgado, Porfirio Osorio Rivera was not shown the “record of
release” (infra para. 130), but rather a radiogram ordering the release. 120 According to the record,
his release had been ordered because it had been concluded that he was not “a terrorist.” 121
75.
Porfirio Osorio Rivera proceeded at once to the home of his brother in Cochas Paca, where
they informed him that they had not seen Jeremías; accordingly, the presumed victim’s next of kin
began to look for him in different places where they presumed he could be. 122 However, to this
day, there is no information on the whereabouts of Jeremías Osorio Rivera.
76.
Since they could not find Jeremías Osorio Rivera, on May 3, 1991, Porfirio and Silvia Osorio
Rivera went to the offices of the Cajatambo Prosecution Service to file a criminal complaint against
Lieutenant Tello Delgado. At the same time, Lieutenant Tello Delgado went to the Prosecution
Service offices and confronted Porfirio Osorio Rivera. Owing to this situation the latter was unable
to file the complaint that day, and also because the Prosecutor’s requested that he go to Lima. 123
E. Judicial proceedings relating to the disappearance of Jeremías Osorio Rivera
E.1. The criminal proceeding opened in the Provincial Prosecution Service for Civil
and Criminal Matters and the Cajatambo Investigating Court (file No. 24-91)
77.
On May 9, 1991, Porfirio Osorio Rivera filed a criminal complaint before the Provincial
Prosecution Service for Civil and Criminal Matters against the Peruvian Army Lieutenant known as
“Conan” (pseudonym of Lieutenant Juan Carlos César Tello Delgado), as author of the
119
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, folios 1671 and 1672); 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, folio 1784), and Affidavit prepared by Silvia Osorio Rivera on August 15, 2013 (evidence file,
volume XI, affidavits, folio 5310).
120
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 4626).
121
Cf. Statement made by 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
4677), and 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).
122
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 Silvia Osorio Rivera on August 15, 2013 (evidence file, volume XI, affidavits, folio 5310), 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, folio 1784).
123
Cf. Affidavit prepared by Silvia Osorio Rivera on August 15, 2013 (evidence file, volume XI, affidavits, folio 5310);
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 1672); 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
1784 and 1785), and Statement made by Porfirio Osorio Rivera before the Inter-American Court during the public hearing
held on August 29, 2013.
29
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