Police Station, shouting insults at the police personnel, such as: "YOU SONS OF BITCHES, I AM
GOING TO SHIT ON ALL OF YOU BECAUSE I AM THE SON OF A JUDGE. I AM GOING TO APPEAL
AGAINST EVERYTHING YOU SAY ABOUT ME. IF YOU WANT ME TO PAY YOU I'LL GIVE YOU
WHAT I HAVE AND YOU STOP FUCKING AROUND WITH ME, YOU SONS OF BITCHES [...]
YOU'RE SHITTING ON ME BECAUSE I'M BLACK BUT IT'S ME THAT AM GOING TO SHIT ON
YOU", throwing all his clothes at them, including is [underwear? illegible], until he was
completely naked.34
40.
Inspector Cervera claimed that Mr. Acosta became more aggressive, so that he had felt obliged
to handcuff him and that "deliberately and intentionally, from where he had been sitting, he had thrown himself
head [first? illegible] on the ground, striking the floor hard with his head, while proclaiming: 'NOW CALL AN
AMBULANCE FOR ME YOU SONS OF BITCHES BECAUSE I AM GOING TO ACCUSE YOU OF BEATING ME UP.
NOW YOU'LL SEE HOW I''LL HAVE YOU SENT TO PRSN (sic)."35 He said that, shortly after a SAME ambulance
arrived with Dr. Guillermo José Brizuela Barros and while the doctor was examining him, "the patient showed
signs of an epileptic seizure, banging the name of his neck against the floor until the deponent managed to hold
his head [...] He was placed on a stretcher and put in the ambulance to be taken to Hospital."36
41.
The Commission notes that on the same day statements were made by Corporal Omar Justo
Ojeda and Sergeant Humberto Mario Echegaray, who accounts match that of Inspector Cervera.37 Corporal
Zulma Rosalía Orellana gave a similar account, but added that she had talked to two young women, one of whom
had asked her who was shouting, "to which the deponent had [asked ? illegible] who they had come with, to
which they had answered: "WE CAME WITH THE BRAZILIANS, WHO ARE FRIENDS OF OURS." The deponent
asked them if "the bald guy" was with them, to which they had answered: "THE BALD GUY IS THE ONE WHO
WAS BOTHERING US INSIDE THE CLUB. HE OFFERED US DOPE (COCAINE). HE IS THE ONE WHO SHOULD BE
DETAINED."38
42.
In his testimony given on April 5, Dr. Brizuela stated that when he was examining José Delfín
Acosta "[...] the patient suffered a convulsion lasting between 5 and 10 seconds, as a result of which there was
a slight blow on the occipital region against the floor. After that he had put him on a stretcher and placed into
the ambulance [...]. Later, shortly before arriving at the hospital, his heart had stopped beating. Manual attempts
to resuscitate him were unsuccessful and he died."39 On April 11, 1996, in additions to Dr. Brizuela's testimony,
he was asked whether he had noticed signs of blows to the body of the deceased, to which he replied that "he
had not looked into that40 ("no reparó en ese detalle”); asked by the judge whether he would have noticed if the
individual had been beaten up, Dr. Brizuela answered yes, given that in such cases there were obvious marks
and bruising."41 He stated furthermore that "he had no wound that was bleeding nor blood stains on any part
of his body."42
43.
The ambulance driver, Diego José Posada, declared on April 5, 1996 that "[...] he had found a
completely naked man lying on the floor [...]. Immediately the deponent had placed the man on the stretcher
[...] at which point his eyes were shut, and his exact state could not be ascertained [...]".43 In his statement on
April 8, he added that "when he took the patient to the ambulance, he did so very quickly and did not notice
whether or not the patient was showing any signs of convulsions."44
Appendix 18. Statement by Inspector Claudio Oscar Cervera on April 5, 1996 Attached to the initial petition.
Appendix 18. Statement by Inspector Claudio Oscar Cervera on April 5, 1996 Attached to the initial petition.
36 Appendix 18. Statement by Inspector Claudio Oscar Cervera on April 5, 1996 Attached to the initial petition.
37 Appendix 19. Statements by Corporal Omar Justo Ojeda and Corporal Humberto Mario Echegaray, on May 5,1996. Attached to the initial
petition.
38 Appendix 20. Statement by Corporal Zulma Rosalía Orellana on April 5,1996. Attached to the initial petition.
39 Appendix 21. Statement by Guillermo José Brizuela Barros on April 5, 1996. Attached to the initial petition.
40 Appendix 22. Statement by Guillermo José Brizuela Barros on April 11, 1996. Attached to the initial petition.
41 Appendix 22. Statement by Guillermo José Brizuela Barros on April 11, 1996. Attached to the initial petition.
42 Appendix 22. Statement by Guillermo José Brizuela Barros on Thursday, April 11, 1996. Attached to the initial petition.
43 Appendix 23. Statement by Diego José Posada on April 9, 1996. Attached to the initial petition.
44 Appendix 23. Statement by Diego José Posada on April 9, 1996. Attached to the initial petition.
34
35