witnesses, several of the defendants referred to what they had endured during the raids and
detentions. For example, in response to the testimony of W.O., Police Commander General, Raul
Oswaldo Lulleman Gutiérrez asked to speak and stated: “I was attacked; I was put into a barrel
of water; my mother was beaten; my sisters were ill-treated; I have been kept solitary
confinement for two months; they have violated my rights; my brother was shown on
television.”118 Victoria Gutiérrez de Lulleman, testifying as a witness for the defense, stated that,
during the search of her home, she was treated inhumanely; they pointed a gun at her four-year
old grandson, and all those who lived in the house were arrested. They were treated very badly
when they were in the cells; they were unable to go to the bathroom; they had no food. They
took the women out into the corridor and made them undress and spread their legs.119
94. On May 16, 2003, the court read out the operative paragraphs of the judgment.120 In its
ruling, it declared that Blas Valencia Campos, Patricia Gallardo Ardúz, Carlos Eladio Cruz Añez,
Elacio Peña Córdova, Carlos Enrique Castro Ramírez, Alfredo Bazán y Rosas and Víctor Manuel
Boggiano Bruzzón were guilty of the crimes of murder, aggravated robbery, criminal association,
and aggravated injury, and sentenced each of them to thirty years’ imprisonment without right of
pardon. In addition, the defendants Freddy Cáceres Castro and Norma Lupe Alarcón Castillo de
Valencia were found guilty of the crimes of aggravated robbery, criminal association, and
complicity in the crimes of murder and aggravated injury, and sentenced to twenty-two years’
imprisonment. The defendants Mercedes Valencia Chuquimia, Raúl Oswaldo Lulleman Gutiérrez
and Oswaldo Lulleman Antezana were found guilty of the crimes of aggravated robbery and
criminal association, and of complicity in the crimes of murder and aggravated injury, and
sentenced to eighteen years’ imprisonment. The court declared that F.E.P.M. was guilty of
complicity in the crime of aggravated robbery and sentenced her to seven years’ imprisonment.
Claudia Mariela Valencia Alarcón was found to have been complicit in the crime of aggravated
robbery and sentenced to three years’ imprisonment. She was granted a conditional suspended
sentence, subject to a one-year probationary period. 121
95. Judgment No. 12/2003 of May 16, 2003, was based solely on the documentary, material
and testimonial evidence presented during the oral proceedings, and in the inspection hearing
following the reconstruction of the events conducted by the court in the presence of the defendants
and their defense lawyers.122 The court only took into account the statements made by the
defendants during the oral proceedings.123 In the case of the claims made by the lawyers
regarding the irregularity of the detentions, the court found it appropriate to make a doctrinal
analysis of the constitutional guarantees and legal certainty. However, it concluded that:
[I]t has been insinuated, albeit indirectly, that the apprehension of some of the accused was
allegedly carried out in an irregular manner. If so, their lawyers should have denounced such
obtained under duress (final oral arguments presented before the El Alto Second Sentencing Court on May 15, 2003,
evidence file, folio 507).
Intervention of Raul Oswaldo Lulleman in the oral proceedings before the El Alto Second Sentencing Court,
March 10, 2003 (evidence file, folio 186).
118
119
Cf. Testimony of Victoria Gutiérrez de Lulleman in the oral proceedings before the El Alto Second Sentencing
Court, April 8, 2003 (evidence file, folios 274 to 276)
120
Cf. Certification at 6:30 p.m. on May 16, 2003 (evidence file, folio 598).
Cf. Record of the reading of the judgment delivered by the El Alto Second Sentencing Court at 6:00 p.m. on
May 16, 2003 (evidence file, folios 599 to 605).
121
122
Cf. Judgment No. 12/2003 delivered by the El Alto Second Sentencing Court at 6:00 p.m. on May 16, 2003
(evidence file, folios 1829 to 1921).
123
Cf. Judgment No. 12/2003 delivered by the El Alto Second Sentencing Court at 6:00 p.m. on May 16, 2003
(evidence file, folios 1829 to 1921).
29