sufficient evidence exists that connects the accused to the offense that is being tried; although the
events happened at a time when there was a permanent state of emergency throughout almost all
the country owing to the counterinsurgency effort, it is also true that this circumstance would not
exempt the accused from executing his functions as established in the norms and directives in
force at the time, which indicated that, upon capturing terrorists, they had to be brought before the
civil authorities, an instruction that the accused failed to comply with.” 246
135. Based on the arguments presented, this Court will proceed to reach its own decision on the
supposed release of Jeremías Osorio Rivera and, to this end, it will analyze the following: (a) the
probative value of the “record of release”; (b) the credibility of the testimony of the persons who
witnessed the supposed release of Jeremías Osorio Rivera, and (c) the statements of the family
members concerning the steps they presume Jeremías Osorio Rivera could have taken.
136. First, this Court observes that the “record of release” is handwritten, and has no stamp or
other identifying mark that would allow it to be established where it was prepared; and it does not
bear the signature or name of any of the members of the patrol. The graphology appraisal
concluded that the signature was that of Jeremías Osorio Rivera and probably the imprint of one of
his fingers, but not the right index finger. However, during the proceeding, contradictory versions
can be found about the “scientific certainty” of the expert appraisal. Furthermore, no conclusive
decision exists as to how the signature was obtained; that is, whether it was provided freely or
under coercion. Consequently, there is no evidence that would allow this Court to rule on the
possible falsification of the signature on the “record of release” or to state that the said document
is a forgery.
137. Nevertheless, the Court considers it appropriate to note that, in both Peru and other
countries where enforced disappearances have taken place, there is information that the
authorities advise that they have released the person who is alleged to be disappeared as a
practice to hide the true fate or whereabouts of the detainee. Thus, in several cases concerning
detentions-disappearances that occurred in Peru between 1989 and 1991, the Inter-American
Commission has described a variant of the enforced disappearances that consisted in issuing
records of release with the signature falsified or obtained by torture, without the victim having been
released. 247 In addition, it is pertinent to emphasize that the Peruvian CVR has referred to the
method of disappeared-appeared consisting in releasing detainees who the family members
believed had disappeared and then, after signature of the release record, even attested by a
lawyer, they were once again detained and disappeared definitively. The Vicariate Committee has
documented approximately 70 cases of this type that occurred in the region of Ucayali, Pucallpa. 248
Moreover, the European Court of Human Rights 249 and the United Nations Working Group on
Enforced or Involuntary Disappearances 250 have verified similar practices in other countries.
246
Supreme final judgment delivered by the Transitory Criminal Chamber of the Supreme Court of Justice of the
Republic on June 24, 2010, fourth considering paragraph (evidence file, volume IV, annex 35 to the submission of the case,
folio 1800).
247
47/00.
IACHR, Merits Reports Nos. 51/99, 52/99, 53/99, 54/99, 55/99, 56/99, 57/99, 43/00, 44/00, 45/00, 46/00 and
248
Cf. Truth and Reconciliation Commission, Informe Final, 2003, volume III, Chapter 3.3, p. 293; Available at
http://cverdad.org.pe/ifinal/.
249
In the Case of Turluyeva v. Russia it was established that, even though some authorities alleged that the victim
was released, the reality is that his family never saw him or had news of him again. Cf. ECHR, Case of Turluyeva v. Russia,
no. 63638/09, 20 June 2013, para. 82.
250
The Working Group on Enforced or Involuntary Disappearances has been informed of various cases in which the
families have been advised that the person detained has been released, without anything further being known about them.
51
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