threats, that she was beaten and mistreated and forced to sign a statement, and that the lawyer and the prosecutor also compelled her to incriminate herself, using intimidation.51 For her part, Patricia Gallardo, who admitted her participation in the robbery, also alleged that she and her daughter were physically assaulted at the PTJ, that Captain Gary Sánchez put a weapon to her head to force her to give a statement, and that both the police and the prosecutor’s office put pressure on her and her daughter.52 29. Likewise, Carlos Eladio Cruz Añez said that at 6:00 a.m. on December 18, PTJ police burst into his home and subjected him and his wife to a brutal beating while questioning them about the Prosegur robbery and other events. He said that he was tortured by having a plastic bag placed over his head and filled with gas, and that Captain Sanchez struck him on the head three times with a gun butt. The torture allegedly continued at the PTJ facilities and his statements were taken without a lawyer present. He was also held incommunicado at Choncocoro Prison for 60 days.53 Leonel Delgadillo, who was also prosecuted for his alleged involvement in the robbery but is not a petitioner in this case, also identified the PTJ policeman Sánchez as the person who physically assaulted, insulted, and threatened him, forcing him to confess to taking part in a robbery. He also said that, despite insisting on his innocence, his attorney made him accept a summary procedure, saying that he was going to be found guilty anyway, and then asked him for money.54 30. During the oral proceedings from January 30 to April 7, 2003, the prosecution presented testimony evidence from 25 witnesses, including eyewitnesses to the robbery, events prior to it, and events subsequent thereto; experts, and police personnel. Of particular significance for this case was the testimony of Walter Osinaga Zambrana, General Commandant of the Bolivian Police, who said that he had first heard about the robbery from the then-President of the Republic, Jorge Quiroga, who called him early in the morning of December 14, 2001, saying that he had heard gunfire near the presidential residence and asking him to investigate. 55 He described the information that led to the capture of the accused, 56 and explained that, in keeping with the orders of the President and the Minister of the Interior, he was in command of the operation, took part in the raids,57 and kept the President permanently apprised of progress.58 In addition, he recognized that there had been children at the raided properties but denied that they had been handcuffed,59 and he said that he did not recall if they were presented to the television cameras.60 As regards the mistreatment suffered by the detainees, Osinaga did not deny what happened, but said that he did not know why the individuals had been beaten. He also said that he had always been the last to enter the properties and explained that the Commandant had the authority to discharge any police who committed abuses. 61 However, he expressly recognized that damage had been done to the properties, even saying that the police had had to pay for a door.62 31. Also relevant is the testimony of Andrés Sánchez Guegner, who was National Director of the PTJ in 2001. He provided more details about the investigations that uncovered the whereabouts of the detainees.63 With regard to the arrests, he specified that in the raid on the Lulleman family home at approximately 3:30 a.m., 64 Raúl Lulleman, his sister, his mother, and a domestic servant had indeed been arrested. 65 He also recalled that at the home of Patricia Gallardo one of her daughters and a male child were present.66 He said that he entered the Blas Valencia house, but that no minor had been kidnapped, detained, or presented to the press.67 In relation to the petitioners' allegations, he said that he did indeed see that several people had bruises Annex 01, Prosegur case file, Hearing of January 21, 2003, pp. 1148, 1148 verso, 1149; and Judgment of May 16, 2003, pp. 1595. Annex 01, Prosegur case file, Hearings of April 28 and May 7, 2003, pp. 1411 and 1440. 53 Annex 01, Prosegur case file, Hearing of April 21, 2003, p. 1378. 54 Annex 01, Prosegur case file, Hearing of January 21, 2003, pp. 1144 and 1145 verso. 55 Annex 01, Prosegur case file, Hearing of March 10, 2003, pp. 1234, 1240, and 1245. 56 Annex 01, Prosegur case file, Hearing of March 10, 2003, pp. 1234-1236. 57 Annex 01, Prosegur case file, Hearing of March 10, 2003, pp. 1238 and 1245. 58 Annex 01, Prosegur case file, Hearing of March 10, 2003, pp. 1234, 1235, 1236, and 1240. 59 Annex 01, Prosegur case file, Hearing of March 10, 2003, p. 1238. 60 Annex 01, Prosegur case file, Hearing of March 10, 2003, p. 1243. 61 Annex 01, Prosegur case file, Hearing of March 10, 2003, pp. 1239, 1240, and 1245. 62 Annex 01, Prosegur case file, Hearing of March 10, 2003, p. 1240. 63 Annex 01, Prosegur case file, Hearing of March 11, 2003, pp. 1248-1251. 64 Annex 01, Prosegur case file, Hearing of March 11, 2003, p. 1252(a). 65 Annex 01, Prosegur case file, Hearing of March 11, 2003, p. 1250. 66 Annex 01, Prosegur case file, Hearing of March 11, 2003, p. 1255. 67 Annex 01, Prosegur case file, Hearing of March 11, 2003, p. 1258. 51 52 9