Court of Justice of the Republic. 193 On June 15, 2012, the file was sent to the First Supreme
Criminal Prosecutor. 194
99.
On April 17, 2013, the first session of the case was held before the Transitory Criminal
Chamber of the Supreme Court of Justice of the Republic. 195 On that date, it decided not to decree
an annulment in relation to the appeals for a declaration of nullity filed by the representative of the
Public Prosecution Service and the civil party against the judgment of November 4, 2011. The
supreme final judgment that was subsequently delivered established that the judgment acquitting
Lieutenant Tello Delgado would not be annulled, considering that:
Although there is evidence that a crime was committed, such as: it is not credible that the accused did not
know that the victim was considered a subversive element; the detention and release of Gudmer Zárate Osorio
and another six individuals who had been detained, contrary to that of the victim; that the accused did not
provide any names of the members of the patrol on the date of the events, individuals who detained the victim
and who took him with the accused to Cajatambo, and that the great distance between Cajatambo and the
home of the victim was not taken into account, so that the victim, instead of going home should have gone to
the home of his sister, Silvia Osorio, who lived only a few meters from the center of Cajatambo; these facts on
their own, do not prove with certainty that the accused ordered or executed actions that resulted in the
disappearance of the victim; particularly, when there is evidence proving his version of the events; hence, we
are confronted with a clear case of doubt based on the inculpatory and exculpatory evidence; in other words, a
case of in dubio pro reo; hence the accused must be acquitted. 196
100. Following the drafting and signing of this decision, it was published on August 27, 2013; 197
thus the Inter-American Court was informed of the decision the day before the public hearing in the
instant case was held before it.
VII
MERITS
101. Having decided the preliminary objections (supra Chapter IV), the Court will now consider
and decide the merits of the dispute. To this end, the Court will determine whether what happened
to the presumed victim constituted the alleged enforced disappearance and, if appropriate, it will
rule on the consequent international responsibility of the State. Then, it will examine the alleged
violations of the rights to juridical personality, 198 life, 199 personal integrity 200 and personal liberty 201
193
Cf. Decisions issued by the National Criminal Chamber on November 31, 2011, and March 28, 2012 (evidence file,
volume X, annexes 95 and 96 to the State’s answering brief, folios 5061, 5062, 5064 and 5065).
194
Cf. Note No. 65-2013-FSPNC-MP-FN of the Coordinator of the National Superior Criminal Prosecutors and
Supraprovincial Prosecutors of January 16, 2013 (evidence file, volume X, annex 97 to the State’s answering brief, folios
5067 to 5069).
195
Cf. Supreme final judgment R.N. No. 1071-2012 delivered by the Transitory Criminal Chamber of the Supreme
Court of Justice of the Republic on April 17, 2013 (evidence file, volume XII, annexes to the brief with the State’s final
arguments, folios 5419 to 5434).
196
Supreme final judgment R.N. No. 1071-2012 delivered by the Transitory Criminal Chamber of the Supreme Court
of Justice of the Republic on April 17, 2013 (evidence file, volume XII, annexes to the brief with the State’s final arguments,
folios 5419 to 5434).
197
Cf. Note No. 172-2013-DDHH/PJ of July 12, 2013 (evidence file, volume XII, annexes to the brief with the State’s
final arguments, folios 5435 to 5437).
198
the law.”
Article 3 of the American Convention establishes that: “[e]very person has the right to recognition as a person before
199
Article 4(1) of the American Convention establishes that: “[e]very person has the right to have his life respected.
This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his
life.”
37
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