44. Oscar Darío Almada, stated that "he was working as a taxi driver and that on that day, at around 8:30 a.m., as he was driving past the police station, he was asked to act as a witness, because they had a person detained for drunkenness and he should witness what steps were being taken. [...] there were several policemen around a person with a shaved head [...], who appeared to be completely beside himself and very nervous [...] he began throwing everything he had in different directions, then he took off his shoes and threw them away with all his clothes, so that he was left completely naked [...] No sooner had they handcuffed him, he managed to break away from those holding him, threw himself on the floor, and began hitting his head on the floor, shouting that he would have them all sent to jail and they should call an ambulance because he was injured [...]."45 On April 9, 1996, Mr. Darío Almada ratified his statement, adding that "the man had been out of his mind, shaking his whole body all the time uncontrollably [...] Asked by S.S. to say whether in the whole time he was present in the room and until he left it he had seen policeman strike [Acosta], he said no. That obviously, given the state he was in, whenever he threw himself against the ground the police officers in charge had had to take hold of him firmly. But, he reiterated, they never struck him."46 45. On that same day, April 5, 1996, Ángel Acosta, José Delfín Acosta's brother, stated that "as a child José had suffered epileptic incidents, for which he had been treated at the time [...]. He know from what his brother had told him years ago that José could not receive any blow to the head as that could trigger a seizure, but that recently he thought that José had nothing to treat himself with and that he would have known if he had had something [...].47 In the statement, he confirmed that his brother's belongings had been delivered to him and that he had received notification to go to the judicial morgue.48 46. It is worth pointing out that in a subsequent statement, made on April 22,1996, Ángel Acosta said that "while [he] was waiting for William to arrive at the police station, they insisted [something he had not commented on earlier] that his brother had been epileptic, and that he repeatedly told them that no he wasn't, that he had never had an epileptic fit and had never suffered from epilepsy [...]. I told them that when my brother was tiny my mother had taken him to be tested to know whether he might have some sign of epilepsy. They interpreted that in their manner and hence the account you find in the document."49 He also stated that at the police station they had told him how his brother's death had occurred, "but it all seemed very strange to me, because I was certain that my brother was not using alcohol [...] and it was even stranger that they should deny him entry into that club [...) where he was treated like a friend of the house. He never had to pay to get in [...]." He said that "everything they told me did not ring true of my brother."50 He mentioned the "stories my brother told about the mistreatment he had suffered his whole life just because he was black, that they arrested him for no reason and beat him at police stations. So he could not believe he had made all that fuss, because obviously it would have made his situation worse."51 47. During a testimony taken on April 10, 1996, Carlos William Chagas, a Uruguayan friend of José Delfín Acosta was asked whether he knew that José was recently suffering from epilepsy and he replied "that he did not think he had been suffering that disease but that when they were children in Uruguay, Acosta had mentioned that possibility to him."52 He was also asked if he knew whether the alleged victim habitually drank alcohol, to which he replied that he knew that he drank but had never seen him drink in excess, so as to be drunk or be lying flat on the floor. He was sked whether Mr. Acosta consumed alkaloids, to which he replied that at some time or other he had heard that, but could not say so definitely as he had never seen it."53 On that occasion, he asked to supplement the statement he had given on April 5, to record the fact that "from the start he had found the police "over-friendly"54 and that when he had asked whether the police had beaten Delfín Appendix 24. Statement by Oscar Darío Almada on April 5, 1996. Attached to the initial petition. Appendix 25. Statement by Oscar Darío Almada on April 9, 1996. Attached to the initial petition. 47 Annex 26. Statement by Angel Acosta on April 5, 1996. Attached to the initial petition. 48 Appendix 26. Statement by Angel Acosta on April 5, 1996. Attached to the initial petition. 49 Appendix 27. Statement by Angel Acosta on April 22, 1996. Attached to the initial petition. 50 Appendix 27. Statement by Angel Acosta on April 22, 1996. Attached to the initial petition. 51 Appendix 27. Statement by Angel Acosta on April 22, 1996. Attached to the initial petition. 52 Appendix 28. Statement by Carlos William Chagas on April 10, 1996. Attached to the initial petition. 53 Appendix 28. Statement by Carlos William Chagas on April 10, 1996. Attached to the initial petition. 54 Appendix 28. Statement by Carlos William Chagas on April 10, 1996. Attached to the initial petition. 45 46