11
something on the radio, to which the sergeant answered: “afirmativo con la
orden” [affirmative to the order]. The drivers, such as he was, were not
allowed to operate the radio, and therefore they did not know the codes. The
witness could only recognize the simple codes that were used daily. Captain
Santoyo Castro proposed to Sergeant Antezano Santillán that they meet at
Gambeta, and Sergeant Canales also arrived there. Then, Captain Santoyo
Castro approached the witness and told him to calm down, that the dead were
“terrucos” or terrorists and that they would talk later. After that, they went to
the hospital following Captain Santoyo Castro’s patrol car for him to “clean”
the zone to avoid journalists or television cameras. When they arrived at the
hospital, they took the corpses in and then the Captain ordered them to go to
the patrol car station.
At the patrol car station there was a meeting between Captain Santoyo
Castro, major Quirós Chávez, Sergeant Antezano Santillán and Mr. Cornejo
Zapata, to prepare the police report. Afterwards, Sergeant Antezano Santillán
instructed the witness, under orders by Captain Santoyo Castro, to say that
what happened was a confrontation, and that, as a result of an attack, the
detainees had died at that place. Captain Santoyo Castro and major Quirós
Chávez told the witness that if he gave this account, nothing would happen,
since he had been the driver of the patrol car and that after 15 days
everything would continue as before, because the case would be heard under
military jurisdiction.
The witness is currently a taxi driver and he earns on average US$5 (five
United States dollars) daily. Due to this, it is difficult for him to support his
family, and it would therefore be impossible for him to pay the civil
reparations ordered in favor of the Gómez Paquiyauri family by the domestic
courts, and he has paid none of it as yet.
The witness added that he was intimidated and pressured by persons sent by
Santoyo Castro to uphold the false accounts of the facts. At the penitentiary
where he was detained he suffered constant threats against his life and his
physical safety. Once, a sergeant told him that he was collecting money to
pay the attorneys’ fees, as a voluntary act. After having told the true account
of the facts, the doors were closed for him to continue working. In his work
as a taxi driver he has also suffered various incidents in connection with his
participation in the facts, and for having said what happened they called him
a “soplón”.
The witness pointed out that at the time of the facts Peru, and specifically the
province of El Callao, was in a state of emergency.
b.
Testimony of Lucy Rosa Gómez Paquiyauri, sister of the alleged
victims
The witness is the sister of Rafael Samuel and Emilio Moisés Gómez
Paquiyauri, and she was 15 years old at the time of the facts. On June 21,
1991 she was getting ready for breakfast with her brothers when they heard
shots on the street.
As they usually did, Rafael and Emilio went to the diner where their mother
worked “to pick up the food from [their] mother´s work to cover the lunch for
the days when they d[id] not have it.” Just five minutes had passed since