43. The Court deems it pertinent to admit the statements made during the hearing,22 and also
the affidavits23 insofar as they are in keeping with the purpose defined by the President in the
order requiring them.24
44. In communications sent on June 13 and 14, 2022, representative Jemio Mendoza and the
inter-American public defenders advised the Court of difficulties to find notaries public who would
agree to notarize the statements of several of the proposed declarants, particularly those who
were serving prison sentences. A Secretariat note of June 15, 2022, advised that “if the
representatives found it impossible to arrange for the statements of the alleged victims and the
witnesses to be provided before a notary public or other attesting officer, they may forward simple
sworn statements signed by the declarant and accompanied by a copy of the respective identity
document, explaining why it was not possible to obtain the affidavits.”
45. Consequently, the respective representatives presented the statements of alleged victims
Víctor Manuel Boggiano Bruzzón, Eladio Cruz Añez and Blas Valencia Campos that had merely
been signed, accompanied by the declarant’s identity document. The statement of Luis Fernando
Lulleman Gutiérrez was originally sent with just his signature; however, the representatives
subsequently forwarded a notarized version of the same statement. Taking into account the
reasonable nature of the justifications provided by the representatives regarding the difficulties to
find notaries willing to notarize the statements and the obstacles to access the declarants who
were in prison, the Court admits those statements.
46. In the case of the joint statement by the witnesses Pablo García Nava and Marcelo Flores
Torrico, the purpose defined by the President’s order was “the physical and psychological
assessment of alleged victims Víctor Manuel Boggiano Bruzzón, F.E.P.M., Victoria Gutiérrez de
Lulleman, Luis Fernando Lulleman Gutiérrez, Raúl Oswaldo Lulleman Gutiérrez and Jenny Paola
Lulleman owing to the alleged torture and cruel, inhuman or degrading treatment of which they
were victims, as well as the consequences of this on their personal and work lives.” However, the
Court notes that the witness statements were presented individually and that they only refer to
alleged victims F.E.P.M. and Víctor Boggiano Bruzzón. The inter-American public defenders
indicated that the notary public who agreed to notarize the statements required them to be made
individually. Also, the declarants were only able to interview alleged victims F.E.P.M. and Víctor
Boggiano Bruzzón and, therefore, their statements could only refer to those two cases.
47.
The Court considers that the statements presented correspond to the purpose determined
in the President’s order of May 25, 2022, even though only partially, as they do not cover all the
alleged victims mentioned. Also, the reason for their individual presentation responded to factors
beyond the control of the public defenders. The Court also notes that the admissibility of these
statements was not contested or disputed. Consequently, the Court finds these statements
admissible.
The Court received the statement of alleged victim F.E.P.M. in a private hearing. Subsequently, during the public
hearing, it received the statements of alleged victim Mauricio Marcelo Valenzuela Valencia and expert witness María
Luisa Piqué.
22
23
The Court received the affidavits of alleged victims Raul Oswaldo Lulleman Gutiérrez, Luis Fernando Lulleman
Gutiérrez, Patricia Catalina Gallardo Ardúz, Claudia Mariela Valencia Alarcón, Norma Lupe Alarcón de Valencia, Alexis
Eduardo Valencia Alarcón, Gabriel Blas Valencia Alarcón, Claudio Tito Centeno Valencia and Carlos Álvaro Taboada
Valencia, and of witnesses Marcelo Flores Torrico, André Gautier and Rose Mary Blanco and, finally, of expert witnesses
Barbara Barnath and Diana Esther Guzmán Rodríguez.
The purposes of all these statements were established in the order of the President of the Inter-American
Court of May 25, 2022. Available at:
https://www.corteidh.or.cr/docs/asuntos/valencia_campos_y_otros_25_05_22.pdf.
24
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