16 64 detainee’s admission; they merely drew up a “certificate of release,” which contains no signature of any military or judicial authority or of any other person who could certify the veracity of his release. 65. The IACHR notes that the circumstances surrounding the arrest and transfer of Jeremías Osorio Rivera and the way in which information on his whereabouts was released are consistent with the modus operandi for forced disappearances used by the security forces during the internal armed conflict in Peru. As explained in section C.1 of this report, those practices were used systematically, between 1989 and 1993 in particular, against people suspected of belonging to or collaborating with insurgent groups. The soldiers who arrested Jeremías Osorio not only suspected him of belonging to Shining Path, they also accused him of having participated in murder, of carrying a police-issue firearm, and of possessing and detonating explosives during a celebration in the Nunumia community center on April 28, 1991. 66. The sequence of irregularities described in paragraphs 63 and 64 supra, the way in which the victim was transferred to the Cajatambo Countersubversive Base on April 30, 1991, the constant refusals to provide information on his situation in spite of his family’s appeals, and the general context surrounding those incidents are sufficient for the IACHR to reasonably conclude that Jeremías Osorio Rivera disappeared while in the custody of members of the Peruvian Army who were acting under the orders of Lt. Juan Carlos César Tello Delgado. 67. In light of all the above, the IACHR considers it has been proven that members of an Army patrol from the Cajatambo Countersubversive Base detained Jeremías Osorio Rivera on April 28, 1991, and proceeded to make him disappear between April 30 and May 1 of that year. In addition, the Commission concludes it has been proven that those members of the military concealed the information on the victim’s real whereabouts and then released false information, in an attempt to evade responsibility. Finally, the IACHR believes it has been proven that by forcing him to travel for several hours on April 30, 1991, with his hands tied and his head covered by a hood, and with grounded fears for his life, Jeremías Osorio Rivera was the victim of intense physical and mental suffering, deliberately inflicted on him by personnel of the Cajatambo Countersubversive Base. 2. Judicial proceedings in connection with the disappearance of Jeremías Osorio Rivera 68. This section sets out the different actions pursued by the various agencies of the civilian and military justice systems since Jeremías Osorio Rivera’s disappearance. The IACHR notes that it does not have complete copies of the corresponding legal case files, in spite of having asked the Peruvian 65 State and the petitioners to provide them on July 29, 2011. With the exception of the prosecutorial accusation of October 30, 2007, and the judgments handed down by the National Criminal Chamber on December 17, 2008, and by the Supreme Court of Justice on June 24, 2010, copies of which were provided by both parties, the documents referred to in this section came exclusively from the petitioners as enclosures with their communication of November 25, 2010, which was received by the IACHR on December 8 of that year. (a) The criminal proceedings before the Provincial Prosecutor and Provincial Court of Cajatambo between May 1991 and July 1992 (case file No. 24-91) 69. According to the statements made by Porfirio Osorio Rivera, on May 3, 1991, he went to the office of the Provincial Prosecutor of Cajatambo to file a complaint against Lt. Juan Carlos Tello, who 64 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,” in which Juan Carlos Tello states that “upon arriving in Cajatambo he housed the victim in a room on the base; he did not record his admission because that is a police procedure and he was not used to carrying out arrests or interventions…” 65 Annex 36: (a) Note of July 29, 2011, from the IACHR to the Peruvian State; (b) Note of July 29, 2011, from the IACHR to the petitioners.

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