130. In addition, the body of evidence includes a document identified as “record of release,” 236
which states the following:
Record of release. This document certifies that Osorio Rivera, Jeremías; bearer of LE No. 15200671, born in the
province of Cajatambo, department of Lima, was released on May 1, 1991, at 7 a.m. without any type of physical
or mental ill-treatment. This record is issued for the corresponding purposes.
Cajatambo, May 1, 1991
131. This document, handwritten and without any type of official letterhead, contains a signature
over the name “Jeremías Osorio Rivera,” together with a fingerprint. During the domestic criminal
proceeding, a graphology expertise was performed on this document, which concluded that “the
signature appears to have been written by [Jeremías Osorio Rivera] because its characteristics are
consistent with those of the signature that appears on the electoral roll [and w]ith regard to the
dactylographic analysis, the fingerprint in question does not correspond to the right index finger,
but could correspond to another finger.” 237 The Transitory Criminal Chamber of the Supreme Court
of Justice issued a ruling with regard to the graphology expertise, and established that “[…] when
this was examined by the experts during the oral adversarial proceedings, they indicated that, in
order to make a comparison, they only had the entry in the electoral roll forwarded from
Cajatambo […] as described in the section on comparison samples of the expertise described
above; in other words, contradicting what they themselves [the experts] had indicated during the
oral proceeding in which they stated that, in order to perform the appraisal they needed recent
signatures, understood to be from two years ago at the most […]. That, in this regard, this is not
an appropriate document for performing a task of comparison of signatures and fingerprints, as
[the experts] did, because the time that has passed could have affected the exactitude of the said
samples, which would not allow a valid conclusion to be reached; this circumstance allows us to
have valid doubts about the veracity of this scientific evidence; especially since the said experts in
the oral proceeding also indicated that, in their report, they do not state that this is a signature
that proves that the accused released the victim, which disproves his exculpatory version in this
regard […].” 238 In its judgment of November 4, 2011, the National Criminal Chamber also
mentioned that: “[…] we have the evidence of the record of release, and although the supreme
final judgment of June 24, 2010, established that the graphology expertise […], which indicated
that the signature that appears on it is the handwriting of the individual referred to in this
instrument, was not compared with an appropriate document for performing the task of comparing
because, one year previously, an effort had been undertaken to attract the civilian population and to implement a policy of
pacification throughout the zone, and since there was no incriminating evidence, the immediate release of Jeremías Osorio
Rivera was ordered. On receiving the radiogram, the accused [Juan Carlos Tello Delgado] took the detainee to the
Cajatambo Base, because he was ending the operation and in order to conduct a basic interrogation; he recorded the
radiogram he had initially received, and released [Jeremías Osorio Rivera] early on May 1 […].” Testimonial statement made
by Arnulfo Roncal Vargas before the National Criminal Chamber, 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 4719).
Meanwhile, radiogram 641 of May 1, 1991, sent in response to the order, reads: “[…] BCS ‘Cajatambo’ released DS
Jeremías Osorio Rivera (C) ‘Gashpao’ today 0700 (K) Head BCS made him sign record of release (STOP).” Copy of
radiogram No. 641 of May 1, 1991 (evidence file, volume IX, annex 26 to the State’s answering brief, folio 4807). In this
regard, Juan Carlos César Tello Delgado declared that communications with the command post were carried out by radio, on
a daily basis, and that Jeremías Osorio Rivera was released immediately once he had received the order from Arnulfo Roncal
Vargas. 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 4777).
236
Record of release of May 1, 1991 (evidence file, volume IV, annex 34 to the submission of the case, folio 1795).
237
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).
238
Supreme final judgment delivered by the Transitory Criminal Chamber of the Supreme Court of Justice of the
Republic on June 24, 2010, third and fourth considering paragraphs (evidence file, volume IV, annex 35 to the submission
of the case, folios 1799 and 1800).
48
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