signatures and fingerprints; nevertheless, it has not been proved that this instrument is false, and it was not contested or opposed by the procedural parties. However, of itself, it does not result in certainty that the accused (sic) had in fact been released […]; particularly when, during the oral proceeding, it was not possible to perform another expertise in this regard, given that the only means of comparison would be the same registration on the Cajatambo electoral roll that was used in the aforementioned expertise, which, therefore, would not comply with the requirement that the signatures to be compared should be contemporaneous, if it is considered that the victim was an individual from a rural area so that, in his work, he would rarely sign documents that could be used as contemporaneous with the signature that appears on the above-mentioned record.” 239 132. The State substantiated its position also by the testimony of two witnesses who stated that they had seen a person, who was Jeremías Osorio Rivera, leave the Cajatambo Counter-subversive Base on May 1, 1991, at approximately 7 a.m.: Simeón Retuerto Roque 240 and Carlos Alberto Martínez García. 241 239 Judgment delivered by the National Criminal Chamber on November 4, 2011 (evidence file, volume IX, annex 12 to the State’s answering brief, folios 4575 and 4576). 240 He stated the following: “I live[d] in Astobamba; at 6 a.m. I went to Cajatambo to wait for the authorities because we had agreed to meet that day and fix a date for the work; I was near the Base where they were installed at that time, and Jeremías Osorio Rivera came out of the Base; [I recognized him] by his physical appearance, his way of walking; [he was wearing] jeans and a black jacket, without a hat; he went towards the park and after that I don’t know what happened, whether or not he returned; [I had known Jeremías Osorio Rivera] for many years when we were young […]; I knew [Silvia Osorio Rivera, Jeremías Osorio Rivera’s sister].” Statement made by Simeón Retuerto Roque before the National Criminal Chamber during the tenth session of the oral proceeding held on February 4, 2011 (evidence file, volume IX, annex 31 to the State’s answering brief, folios 4854 to 4856). In his first statement, the same witness indicated that he had “known Jeremías Osorio Rivera approximately 28 to 30 years, because he was from Cochas Paca, a place he used to go to often to buy potatoes, and he recognized him because of his thin, lean appearance; they were not friends, and he does not know the members of his family; he cannot recall his face now, does not know where he lived, what kind of work he did, whether he had a family. […] At approximately 7 a.m., from around 10 meters distance, he saw the victim leave the Base and go towards the park; he was healthy, hatless; he did not remember what he was wearing, but describes him as approximately 1.70 meters, brown-skinned, thin, around 28 to 30 years old.” Testimonial statement made by Simeón Retuerto Roque on October 6, 2008, 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 4734). During the public hearing, he stated: “I knew Jeremías Osorio when I was young and he lived in Cochas Paca with his mother […]. I needed to go to the mayor’s office and we had an appointment that day in order to discuss the construction of a canal […] to which all the authorities were invited, on May 1, 1991; and, as I live far away, I got up very early, and went at 6 a.m., because it took around one hour to reach the provincial capital, and to get to the municipal offices; it was then, when I was approaching what they call the Countersubversive Base, near the municipal offices, and from there I could see Osorio coming […] I knew him by his appearance, like all those from the highlands, they are thin and brown-skinned and that is why I knew him and he was close – let’s say 10 meters away – of course, as he was, how shall I describe him, a friend – a distant acquaintance – I didn’t even acknowledge him. I was just going to the municipal offices; but I did see him leave, that he was going towards the lower part of the town; that is what I know, and I know he was wearing a black jacket and jeans, blue socks and hatless […]. I saw him leave and that he was going towards the lower part of town where there is a park there, but I was not interested; I just got to the municipal offices to open the door, the door of the meeting room, because on that day we had been invited to a meeting, because it was May 1, Labor Day, in order to do some work in the delegation. […] I didn’t know that he had disappeared. If I had been asked, I would have said, could have said, but as no one had said anything, there was no rumor among the people and that is why I knew nothing. I only found out recently when Lieutenant Conan came in 2008.” Statement made by Simeón Retuerto Roque during the public hearing held before the Inter-American Court on August 29, 2013. 241 During the domestic proceeding he stated that: “[…] he had stayed there talking until the radio operator called up the sergeant on guard duty for the detainee to be released; accordingly at 7 or 7.05 a.m., he saw the victim leave the procurement area; he was approximately 30 years old, he was not limping, he could not describe the color of his clothes, with the sergeant on guard who accompanied him to the door; afterwards he did not see him or where he might have gone […].” Testimony given by Carlos [Alberto] García Martínez during the twentieth session of the oral proceeding held on October 6, 2008, 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 4736). In his second statement, Mr. Martínez García declared that, around 7 or 7.05 a.m. he saw a person appear who had been lodged in the procurement department, he was accompanied to the door by the sergeant on guard; he noted that he had not been ill-treated, that he was “normal.” He concluded his testimony indicating that “he was at the door, talking to the sergeant on guard duty, then the soldier who was operating the radio called the sergeant; he was standing by the wall for around 15 minutes and from there he saw that the 49