12
handed the firearm over to his commanding officer, in exchange for a receipt, while the dynamite was
41
destroyed [...].”
52.
In the morning of April 29, 1991, Mr. Aquiles Román Atencio, a resident of Cochas-Paca,
learned of Jeremías Osorio’s arrest and asked the members of the patrol based in Nunumia what had
happened. According to his statements, Lt. Juan Carlos Tello told him that Jeremías Osorio “was under
42
arrest because he was a terrorist and was carrying a police officer’s weapon.” On that same date, the
victim’s mother and brother, Ms. Juana Rivera Lozano and Mr. Porfirio Osorio Rivera, went to the army
camp in Nunumia and sought the release of their loved one. That afternoon, Porfirio Osorio managed to
speak briefly with Lt. Juan Carlos Tello, who refused him permission to see the detainee and told him that
Jeremías Osorio “had committed a mistake and didn’t need anyone to make inquiries.” Mr. Porfirio Osorio
remained on the premises until late that night, but was not allowed to communicate with his brother or to
receive information about his situation. However, he was able to speak with a member of the patrol’s
43
cleaning personnel, who was wearing Jeremías Osorio’s hat.
53.
On the morning of April 30, 1991, Gudmer Tulio Zárate Osorio was released by the Army
44
patrol, without his signing a certificate of release or any other documents. That same day, Mr. Porfirio
Osorio and Ms. Santa Fe Gaytán, the victim’s companion, tried to bring him breakfast but were not
allowed to do so by the soldiers. When Lt. Juan Carlos Tello announced that the patrol would be
withdrawing from the community center, Porfirio Osorio drafted a document certifying his brother’s good
45
conduct. While he was trying to collect signatures from the local population supporting his contention
that the victim had no ties to Shining Path, the soldiers withdrew from Nunumia, in the company of four
46
civilians, and they took Jeremías Osorio with them.
54.
In his statements to the Peruvian judicial authorities, Lt. Juan Carlos Tello said that
Jeremías Osorio was taken to the Cajatambo Countersubversive Base on horses loaned by local
villagers, in a journey that took between 10 and 12 hours. According to the lieutenant’s statements, the
41
Annex 25: Judgment of December 17, 2008, issued by the National Criminal Chamber in the criminal prosecution of
Juan Carlos César Tello Delgado, case file No. 554-07, section titled “Statement by the Accused.”
42
Annex 25: Judgment of December 17, 2008, issued by the National Criminal Chamber in the criminal prosecution of
Juan Carlos César Tello Delgado, case file No. 554-07, section 5, “During the Oral Proceedings,” No. 2.
43
Annex 24: Testimony of Porfirio Osorio Rivera to the CVR, Testimony No. 100072, section II, Sequence of Events.
Annex 28: Testimony of Juana Rivera Lozano to the CVR, Testimony No. 101262, section titled “Description of the Facts.” Annex
23: Investigation statement of Santa Fe Gaytán Calderón, given on November 19, 2004, to the Specialized Provincial Prosecutor’s
office. Annex 29: Witness statement of Juana Rivera Lozano, given on December 19, 2005, to the Mixed Court of Cajatambo.
Those documents were sent as an enclosure with the petitioners’ communication of November 25, 2010, received by the IACHR on
December 8 of that year.
44
Annex 25: Judgment of December 17, 2008, issued by the National Criminal Chamber in the criminal prosecution of
Juan Carlos César Tello Delgado, case file No. 554-07, section 2, “Statement of the Accused,” which reads that “on April 30, when
Gudmer Tulio Zárate Osorio’s state of intoxication had passed, he was released […].” Annex 30: Investigation statement of Gudmer
Tulio Zárate Osorio, given on December 21, 2004, to the Mixed Provincial Prosecution Office of Cajatambo, indicating that he was
arrested for one night and then released “because I was no longer drunk and I signed no document.”
45
Annex 31: Untitled document dated April 30, 1991, containing signatures and voters’ registration numbers of residents
of the community of Cochas-Paca. Annex to the petitioners’ communication of November 25, 2010, received by the IACHR on
December 8 of that year. That document reads as follows:
We the undersigned, dignitaries and general population of the rural communities of the town of Cochas-Paca,
Gorgor district, province of Cajatambo, which has been declared a red zone, hereby certify that the resident
Geremias (sic) Osorio Ribera (sic), a member of this community whom we have known since childhood up to
the present, during his time in this community has behaved acceptably, and is accepted by all the local
residents and by the community itself; in addition, he was one of the leaders of the protests against terrorism in
this community […].
46
Annex 24: Testimony of Porfirio Osorio Rivera to the CVR, Testimony No. 100072, section II, Sequence of Events.
Annex 32: Preventive statement of Porfirio Osorio Rivera, given on July 7, 2006, to the Mixed Court of Cajatambo. Annex to the
petitioners’ communication of November 25, 2010, received by the IACHR on December 8 of that year. Annex 31: Untitled
document dated April 30, 1991, containing signatures and voters’ registration numbers of residents of the community of CochasPaca.