A gender approach is useful and pertinent as a specific crosscutting element in the actions of
States, among other actors, in criminal investigations, because it provides analytical tools to
understand the way in which gender contributes to creating specific differentiated risks for
women and those with non-heteronormative sexual orientations and gender identities. This may
help counteract more effectively the different forms of gender-based discrimination and
violence.226
154. The unlawful and arbitrary measures of deprivation of liberty also had an impact on the
family unit. In fact, in several of the homes raided, in addition to the persons implicated as
suspects in the attack on the Prosegur truck, members of their family were present, including
children, as in the cases of Alexis Eduardo Valencia Alarcón (son of Blas Valencia Campos and
Norma Lupe Alarcón de Valencia) and Claudio Tito Centeno Valencia (grandson of Blas Valencia
Campos and Norma Lupe Alarcón de Valencia), present during the raid of the house in Las Rosas
Street, and of Mauricio Valenzuela Valencia (son of Mercedes Valencia Chuquimia) present during
the raid in Presbítero Medina Street. As mentioned previously (supra paras. 55 to 62), the children
witnessed the ill-treatment and torture inflicted on the members of their family. The severity of
those acts had an impact not only on those who were present during the raid individually, but also
on the family units as a whole.
155. Moreover, due to the deprivation of liberty of their family members, the children were left
unprotected, a situation that the State did nothing to rectify. In fact, the State offered no
explanation and no evidence was provided as to how Claudio Centeno Valencia, a 3-year-old child
at the time of the events, arrived at the PTJ. Alexis Valencia Alarcón stated that, after spending
half a day in the PTJ facilities, he was released together with his nephew, Claudio Centeno
Valencia, but had nowhere to go because none of his relatives could receive them, and therefore
custody was given to a person identified merely as “Marcia.”227 He also indicated that “since the
day my parents were imprisoned I have lived in different houses, I never had another toy; I went
to different schools because it was not possible to pay the one I went to previously.”228 Gabriel
Blas Valencia indicated that he was allowed to leave the PTJ after several days, but had nowhere
to go until he was taken in by a woman who he did not identify in his statement.229 In his
statement during the public hearing, Mauricio Valenzuela Alarcón indicated that, when he was
released from the PTJ, the State did not take any steps to ensure that he had somewhere to go.
They left him outside the premises where a friend of his mother came to collect him and offered
to provide him with accommodation.
156. Based on the above, the Court finds that the entry of police officers into the houses located
at No. 2319 Las Rosas Street, No. 2523/2525 Presbítero Medina, No. 75 Cívica Avenue, and No.
1365 Juan Manuel Cáceres Passage during the night and without consent or indications of
flagrante delicto, together with the raids in the zone of Iparvi, on Simón López Avenue in
Cochabamba, and in the room at the Tropical Inn Hotel, which were carried out without a court
order or the consent of the occupants, constituted abusive and arbitrary interference in those
properties. In addition, the unlawful and arbitrary deprivations of liberty entailed a rupture of the
family units, exposing children to scenes of torture and extreme violence against their family
members and to a situation of abandonment, because the State failed to take any measures to
ensure that, following their release, the children who were detained during the raids were taken
226
Expert opinion provided by affidavit by Diana Guzmán on June 16, 2022 (evidence file, folio 12764).
227
Cf. Affidavit made by Alexis Eduardo Valencia Alarcón on June 14, 2022 (evidence file, folio 12620).
228
Affidavit made by Alexis Eduardo Valencia Alarcón on June 14, 2022 (evidence file, folio 12621).
229
Cf. Affidavit made by Gabriel Blas Valencia on June 14, 2022 (evidence file, folio 12633).
46