and intentionally threw himself on the floor, hitting himself hard, and that at no time was
he struck by the police officers,51 but rather that he appeared to have experienced a
seizure.52 The representatives rejected this version of events and held that José Delfín
Acosta Martínez was beaten by the police until he lost consciousness, with serious injuries.
Witnesses present at the police station said they heard Mr. Acosta Martínez screaming while
he was in custody.53
48. An ambulance from the Emergency Medical Care System (SAME) arrived at the police
station. The emergency service doctor proceeded to examine José Delfín Acosta Martínez.
In his statement given to the chief of the police station, he indicated that the patient had
had a seizure, causing a small bump to the occipital region. He was then placed on a
stretcher and taken in the ambulance to the Ramos Mejía hospital. When he was almost to
the hospital, Mr. Acosta Martínez suffered a cardiopulminary arrest and died in the
ambulance.54
D. Investigation into the death of José Delfín Acosta Martínez
D.1. Notification of death and viewing of the body
49. On April 5, 1996, around 3:00 p.m., Mr. Ángel Acosta Martínez arrived at the
apartment he shared with his brother José Delfín and found a summons on the ground
addressed to a relative of José Delfín Acosta Martínez.55 At that very moment, a plainclothes
police officer knocked on his door and asked him to accompany him to Police Station No. 5
without saying why. Once at the police station, the chief of the police station informed him
of the death of his brother. In response, Ángel Acosta Martínez asked to see the body.56
50. Ángel Acosta Martínez, accompanied by a friend, was taken to the Judicial Morgue to
proceed to view his brother's body. According to his statement, the body of José Delfín
showed numerous indications of a beating.57 Ángel Acosta Martínez next received his
to the chief of the police station on April 5, 1996 (evidence file, folio 141), statement given by Z.R.O. to the
chief of the police station on April 5, 1996 (evidence file, folio 146), and statement given by O.D.A. to the chief
of the police station on April 5, 1996 (evidence file, folio 163).
Cf. Statement given by B.L.B. to the chief of the police station on April 6, 1996 (evidence file, folio 56);
statement given by D.A.O. to the chief of the police station on April 5, 1996 (evidence file, folio 88), and
statement given by H.M.E. to the chief of the police station on April 5, 1996 (evidence file, folio 142).
51
Cf. Statement given by O.J.O. to the chief of the police station on April 5, 1996 (evidence file, folio
138). This version was corroborated by a taxi driver who, according to the police account, was called as a
witness. Cf. Statement the given by O.D.A. to the chief of the Police Station on April 5, 1996 (evidence file,
folios 162 and 163), and expansion of the statement before the Investigating Judge on April 9, 1996 (evidence
file, folios 168 and 171). For his part, Alberto Fresco, who witnessed the arrest and then went to the police
station where the brothers Gonçalves da Luz and José Delfín Acosta Martínez were detained, testified that the
taxi driver who served as a witness to the police actions was not summoned to the police station until after
the events took place, at around 10 a.m. Cf. Statement given by Andres Alberto Fresco to the Investigating
Judge on September 2, 1998 (evidence file, folio 340), reaffirmed in his statement given during the public
hearing before this Court.
52
Cf. Statement given by R.B. to the Investigating Judge on April 8, 1996 (evidence file, folio 41), and
statement given by A.M. to the chief of the police station on April 5, 1996 (evidence file, folio 47).
53
54
Cf. Statement given by J.B.B. to the chief of the police station on April 5, 1996 (evidence file, folio 151).
Cf. Statement of Angel Acosta Martinez before the Investigating Judge of April 22, 1996 (evidence file,
folio 177).
55
Cf. Statement of Angel Acosta Martinez before the Investigating Judge of April 22, 1996 (evidence file,
folio 181), reaffirmed in his statement at the public hearing before this Court.
56
In his testimony, he states that he noticed “that at the base of the neck, on both sides, near the clavicle,
there are spots like purple bruises. On the left parietal part of the skull, a lump is noted. He continues {sic}
57
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