Article 6. The functions, obligations and powers of the National Police shall be: 4. To investigate under judicial direction crimes committed anywhere in the national territory, public waters, or airspace. 9. To detain persons caught in the act of committing crimes, or suspected thereof, in the manner and for the time established in the National Constitution and laws, to inform them of the reasons for the arrest and their rights, and to bring them before a competent judge. B. Facts in the case 18. According to the statement he gave in the context of the criminal proceedings against him, Jorge Luis López Sosa was a police officer, and on May 18, 2000, while he was on leave, he received a call from Chief Commissioner Alfredo Cáceres González, who instructed him to report in uniform to the National Police Headquarters. Once there, Commissioner Cáceres told him that the Government was apparently being taken over and that in the absence of superiors he was temporarily taking command of the police. Mr. López was ordered to report for duty and to accompany police personnel in order to warn of "any suspicious movement that may occur in the area where [they were going], be that movement of armed personnel or of a large group of people.” During the wait, Jorge López identified the entourage of the Minister of the Interior. Later, other personnel reportedly arrived at the place where they were stationed. 3 19. According to the above statement, on his way back to the headquarters, the deputy commissioner who was with him “dropped [him] off at the corner of Chile and Palma, from where [he] made his way to the police headquarters on foot and saw several patrol cars at the various police precincts covering the intersections leading to the headquarters and to the parliament.” Shortly afterwards, he reached the police headquarters and police personnel later arrived to arrest Commissioner Cáceres. Later, a tank arrived at the police headquarters and threatened to open fire unless the gates were opened. After this situation, the alleged victim left and went home. The next day, the alleged victim went to work, where he was ordered to report to the 11th Metropolitan Police Precinct together with another police officer, where they were taken in a police van. 4 20. As stated in the indictment, after "the alleged attempted coup d'état on May 18, 2000 (...) several people were detained under the State of Emergency ordered by the executive branch," among them Inspector Jorge López, who informed prosecutors of the duress to which he was subjected while in detention. On May 19, 2000, Mr. Jorge López "was transferred by order of the Commissioner General (...) to the 11th Metropolitan Police Precinct (...) and he arrived at the aforementioned police precinct between 8:00 a.m. and 9:00 a.m.," where he was allegedly taken to the office of Commissioner Basilio Pavón, who said that "López took part in the attempted coup d'état the night before."5 21. According to the prosecutor's indictment, the alleged victim was relieved of his service weapon and handcuffed with his hands behind him and blindfolded with newspaper and packing tape. The alleged victim was allegedly thrown to the ground face down and beaten on the soles of his feet, during which several members of the police were reportedly present on the aforementioned premises. This account was given by Mr. López and borne out by other testimonies referenced in the prosecutor’s indictment. According to Jorge López's statement, he and others were being held at police facilities. He said that he was questioned about the alleged coup d'état and that an officer pulled a knife from Mr. Lopez's belt and cut the uniform he was wearing. He said that he was beaten throughout the morning. This statement was reportedly confirmed by other officers who were at the 11th Metropolitan Police Precinct and who allegedly saw "[Mr. Lopez's] handcuff[ed], blindfolded with newspaper and packing tape, and being beaten on the soles of his feet with a rubber club." 6 22. On May 20, Mr. Lopez was again transferred to the 11th Metropolitan Police Precinct and later put in the holding cells with "common detainees.” The alleged victim said that at 9:00 p.m. on May 21 he was taken to the Annex 1, Statement of the accused under Article 84 of the Code of Criminal Procedure, Petitioner's brief of March 13, 2008. Annex 1, Statement of the accused under Article 84 of the Code of Criminal Procedure, Petitioner's brief of March 13, 2008. 5 Annex 2, Indictment and request to open trial of the Public Prosecution Service of June 11, 2001, Case 01-01-02-00001-2000-2606, Petitioner's brief of March 13, 2008. 6 Annex 2, Indictment and request to open trial of the Public Prosecution Service of June 11, 2001, Case 01-01-02-00001-2000-2606, Petitioner's brief of March 13, 2008. 3 4 4