17.
At approximately 8:15 a.m. on December 14, 2001, a Prosegur truck carrying money was traveling
south in the city of La Paz with seven people inside (driver, policemen, security guards and cashiers) when it
was robbed by a group of individuals with heavy caliber firearms. The robbery occurred on Avenida Kantutani,
where the Prosegur truck was violently intercepted by a blue SUV. The Prosegur driver was shot in the
abdomen and lost control of the vehicle, which collided with a tree, whereupon the robbers descended from
the SUV and started shooting, murdering two policemen and a cashier, and making off with the money.6
18.
That same day, invoking Article 21 of the Constitution and Articles 129, 180, 181, and 182 of the Code
of Criminal Procedure, the Investigating Judge issued a raid order with powers to search two properties,7 at the
request of the Public Prosecution Service (Ministerio Público), in order to "look for the perpetrators and arrest
the suspects, seize any firearms, military or police uniforms, documents relating to the incident, and objects
and instruments connected with [the robbery of the Prosegur armored truck].”8 The resolution granting the
aforementioned powers was broadened on December 17, 2001 to include six other properties,9 and, bearing in
mind that the "perpetrators [were] highly dangerous,” expressly authorized the operations to be carried out at
night and making special hours and holidays eligible for that purpose, invoking Article 118 of the Code of
Criminal Procedure as legal basis.10
19.
According to the petitioners11 and testimonies presented to the Trial Court (Tribunal de Sentencia),12
in the pre-dawn hours of December 18, 2001, a large number of heavily armed State agents violently raided
four properties as part of an operation to capture those suspected of the robbery. In the course of the capture,
everyone who was in those homes, including women and young children,13 was severely beaten, handcuffed,
subdued, and placed face-down on the floor with their heads covered. The women were forced to strip naked
and had rifle barrels and fingers introduced into their vaginas. According to the petitioners, the detainees were
then taken to facilities of the Judicial Technical Police (PTJ) where they were similarly mistreated.
20.
The Commission notes that in the statements that they gave to the PTJ, practically all the detainees
admitted taking part in the robbery and gave information about the participation of others therein.14 Some of
the detainees mentioned that they were subjected to beatings and mistreatment. Hereafter, the IACHR sets out
Annex 01, Prosegur case file, Judgment of May 16, 2003, El Alto Second Sentencing Court, Case No. 1014, Resolution 12/2003 (hereinafter
“Judgment of May 16, 2003”), pp. 1603-1614.
7 Properties situated at the street addresses: Virgen del Rosario 55; and 11 # 120, Villa Dolores, El Alto de La Paz.
8 Annex 02, Resolution No. 180/2001. Eighth Investigating Court for Criminal Matters and Precautionary Measures in the complaint
brought by the Public Prosecution Service against the perpetrators of the alleged crime of murder and aggravated robbery, La Paz,
December 14, 2001.
9 Properties situated at: Avenida Cívica 75, El Alto; Presbitero Medina 2525, Sopocachi; Presbitero Medina 2523, Sopocachi; Las Rosas
2315, Sopocachi; Plaza Literal 6568-B, Irpavi; and Zarzuela 600, Achachicala.
10 Annex 03, Resolution No. 186/2001. Eighth Investigating Court for Criminal Matters and Precautionary Measures in the complaint
brought by the Public Prosecution Service against the perpetrators of the alleged crime of murder and aggravated robbery, La Paz,
December 17, 2001. It is stated for the record that the second page of the only copy of this order provided by the State is practically illegible.
11 Petitioners' complaint of January 24, 2003,
12 Annex 01, Prosegur case file, Statement of Francis Elida Primentela Merino, Hearing of January 17, 2003, pp. 1141 verso and 1142;
Statement of Claudia Mariela Valencia Alarcón, Hearing of January 21, 2003, p. 1148; Statement of Andres Sanchez Guegner, Hearing of
March 11, 2003, p. 1252(a); Statement of Victoria Gutierrez Aguilar de Lulleman, Hearing of April 8, 2003, p. 1332; Statement of Carlos
Eladio Cruz Añez, Hearing of April 15, 2003, p. 1378.
13 According to the petitioners, the homes that were raided and the victims of the mistreatment included: (a) the home at Calle Las Rosas
2319, Sopocachi, La Paz, domicile of the Valencia Alarcón family, where Blas Valencia Campos, his wife Norma Alarcón, his children Edwin,
Claudia, Gabriel and Alexis, and his grandson Claudio were located, the latter two, 11 and 3 years old at the time; (b) the domicile at Calle
Presbitero Medina, where Victor Manuel Boggiano Bruzon (Juan Ramírez Ortega), Genaro Ahuacho Luna (Walter Herrera Flores), Alfredo
Bazán la Rosas (José Miguel Abildo Díaz), Mercedes Valencia Chuquimia, and 15-year-old Mauricio Valenzuela Valencia were located; (c)
the domicile at Avenida Cívica Ciudad del Alto, home of the Lulleman family, where everyone present was assaulted, including the women,
and Oswaldo Lulleman Antezana and Raúl Oswaldo Lulleman Gutiérrez were detained; and (d) the domicile at Calle Juan Manuel Cáceres,
pasaje Cáceres, where Francis Elida Primentela Merino, Carlos Eladio Cruz Añez, and Carlos Enrique Castro Ramírez were located. See
Petitioners' complaint of January 24, 2003.
14 Annex 04, Records Statements Accused Prosegur Case (hereinafter “Prosegur Case Statements”), Freddy Cáceres Castro, pp. 4 to 21;
Patricia Catalina Gallardo Arduz, pp. 22 to 39; Blas Valencia Campos, pp. 40 to 55; Mercedes Valencia Chuquimia, pp. 56 to 66; Norma
Alarcón de Valencia, pp. 67 to 74; Oswaldo Lulleman Antezana, pp. 75 to 81; Eladio Cruz Añez, pp. 82 to 87; Carlos Enrique Castro Ramírez,
pp. 88 to 94; Alfredo Bazán y Rozas or José Miguel Avildo Díaz, pp. 95 to 101 verso; Víctor Boggiano Bruzón or Juan Ramírez Ortega, pp.
102 to 105; Elacio Peña Córdova, pp. 106 to 112 verso; Leonel Eber Delgadillo Salvatierra, pp. 114 to 126; Raúl Lulleman Gutiérrez, pp. 127
to 134; Francis Elida Primentel Merino, pp. 131 to 137; María Fernanda Peña Gallardo, pp. 138 to 141; and Claudia Mariela Valencia
Alarcón, pp. 143 to 153.
6
5