25.
According to medical reports, on April 14, 2002, Walter Herrera Ríos, who was 44 years old, died as a
result of a cerebral infarction he suffered on April 12, 2002, at Chonchocoro prison. The deceased had no history
of similar complaints and a cranial CT scan revealed the existence of an edema.42
26.
A forensic medical certificate shows that María Fernanda Peña Gallardo attempted suicide on June 5,
2002 and was admitted to the hospital emergency room in a life-threatening condition as a result of drug
poisoning, and that her clinical history showed that she had taken medication indiscriminately in the past.43
The record also contains an act of suspension of the hearing to which María Fernanda Peña Gallardo had been
summoned to provide an informational statement to the La Paz District Prosecutor’s Office on June 6, 2006.44
C. Domestic proceedings
27.
On June 25, 2002, 45 the Public Prosecution Service in La Paz brought an indictment against 17
individuals 46 for the crimes of murder, criminal association, manufacturing of, trading in, or possession of
explosive substances, compulsion, aggravated robbery and aggravated injury; and against two other persons
for complicity and receiving stolen property.47 During the oral proceedings before the Trial Court, which began
on January 10, 2003 against 15 defendants, 48 the majority of them invoked their right to remain silent.
However, those who opted to speak, as well as the lawyers of all of the accused, repeatedly referred to the
mistreatment of which they had been victims during their apprehension, arrest, and investigation on the
charges against them.49
28.
Francis Primentela reiterated in the proceeding that during the course of the arrest and at the facilities
of the PTJ the policemen in charge of the investigation, especially Gary Sánchez, kicked, beat, and physically and
indecently humiliated her, causing her to lose her baby and failing to provide her with medical assistance while
she was bleeding. She said that she and the other women—in particular, she mentioned Claudia Valencia—
were subjected to insults, forced to strip naked five times a day, suffered sexual abuse (indecent touching and
introduction of fingers in their genitals), had to sleep on the floor, and were doused with cold water in predawn hours. She also said that her statement had been obtained while she was threatened with weapons and
physical assault, that she had been tortured, and that despite her denouncing those facts to her counsel and the
prosecutor, they did nothing. 50 Claudia Valencia, for her part, also described the beatings and indignities
endured during the raid on her father’s house at 3:00 a.m. on December 18, 2001, when around 100 policemen
entered the home and subdued the occupants, including women and children. Her 11-year-old brother was
abducted for some hours and the women were again subjected to particular mistreatment, sexual violence, and
insults; they stripped her naked and touched her body, while her mother had a rifle barrel introduced into her
genitals. The mistreatment continued at the PTJ facilities, were all of them, including the children, were taken
and publicly paraded. She also confirmed that the women suffered sexual violence daily and that Francis
Primentela had a miscarriage. He also alleged that she was not able to communicate with her father for three
months and was unable to see her son. Finally, she said that her statements were given under torture and
Annex 13, Medical report dated April 12, 2002, signed by the prison physician, Dr. Angel E. Yujra Alavarez, and Medical report No.
001380 (undated) signed by the neurologist and the internist, Dr. Jorge Perdager and Dr. Juan Carlos Zapata M.
43 Annex 14, Forensic medical certificate dated June 19, 2002, signed by medical examiner Dr. Freddy Torrejón.
44 Annex 15, Act of suspension of informational statement hearing, Public Prosecution Service, District Prosecutor’s Office, La Paz, Bolivia.
45 Annex 01, Prosegur case file, Prosecutor’s indictment, pp. 157 to 186.
46 The accused include Patricia Catalina Gallardo Arduz, Freddy Cáceres Castro, Blas Valencia Campos, Mercedes Valencia Chuquimia,
Norma Lupe Alarcón Castillo de Valencia, Oswaldo Lulleman Antezana, Carlos Eladio Cruz Añez, Carlos Enrique Castro Ramírez, Alfredo
Bazán Y Rosas o José Miguel Abildo Diaz, Víctor Manuel Boggiano Bruzón o Juan Ramírez Ortega, Elasio Peña Córdoba, Leonel Eber
Delgadillo Gutiérrez, Raúl Oswaldo Lulleman Gutiérrez, Francis Elida Primentela Merino, Miguel Aguilar, Ángel León Arévalo and José
Alexander Reguera Isuiza (Camilo). The last three being fugitives and in contempt of court.
47 The indictment for those charges was presented against María Fernanda Peña Gallardo and Claudia Mariela Valencia Alarcón. The record
shows that María Fernanda Peña Gallardo died on July 14, 2002.
48 The defendants submitted for oral proceedings were Blas Valencia Campos, Norma Alarcón de Valencia, Claudia Valencia Alarcón, Elasio
Peña Córdova, Oswaldo Lulleman Antezana, Raúl Oswaldo Lulleman Gutiérrez, Freddy Cáceres Castro, Leonel Delgadillo Gutiérrez,
Mercedes Valencia Chuquimia, Francis Elida Primentela Merino, Carlos Eladio Cruz Añez, Patricia Catalina Gallardo Arduz, Carlos Enrique
Castro Ramírez, Alfredo Bazan y Rosas (José Miguel Abildo Diaz) and Víctor Manuel Boggiano Bruzon (Juan Ramírez Ortega).
49 Annex 01, Prosegur case file, Hearings of January 15 and 29, and May 13, 2003, pp. 1115 verso, 1118, 1118 verso, 1155, 1158, 1160,
1162, 1163, 1164, 1165, 1167, 1539, 1541, 1547-1549, 1552-1553, 1557, 1559, 1562, 1565, 1567, 1571-1572.
50 Annex 01, Prosegur case file, Hearing of January 17, 2003, pp. 1138 verso, 1139, 1141, 1141 verso; and Judgment of May 16, 2003, pp.
1590.
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