defenders. Specifically, he indicated that the attorney for the Blas Valencia family is
facing judgment in the court of honor of the College of Attorneys for the Judicial
District of the city of La Paz “for taking part in illegal acts of fraudulent incrimination.”
25.
The petitioner contended that the facts of the current case
constituted a violation of the American Convention 3, of the rights protected in Articles
3, 4, 5, 6, and 10 of the Inter-American Convention to Prevent and Punish Torture,
and articles 3, 4, and 7 a) and b) of the Convention of Belém do Pará.
26.
In terms of domestic remedies, the petitioner contended that the
alleged victims first filed complaints with the Office of the Ombudsman. He added
that “the impossibility of initiating judicial procedures stems from the constant
threats by the police aggressors, who have systematically been able to impede any
attempts to bring legal actions.” According to the petitioner, from the time of their
arrest—on December 18, 2001—the alleged victims were “placed in isolation cells
and held incommunicado for three months,” which made it impossible for them to file
the corresponding complaints.
B.
Position of the State
27.
The State indicated that on December 14, 2001, there was an
assault on a delivery truck of PROSEGUR, an armored truck, which resulted in the
death of three persons and the robbery of the money being transported in the vehicle.
It stated that a preliminary investigation of the facts found that the criminal
organization involved “two police chiefs and criminals of Peruvian nationality, Col.
Blas Valencia Campos, Maj. Freddy Cáceres Castro, and Patricia Gallardo.”
28.
The State recounted that an operation leading to the capture of the
criminal organization took place on December 18, 2001, involving different units of
the police, including the Rapid Response Team, the Technical Judicial Police, Radio
Patrol 110, firefighters, and prosecutors. It specified that the operation consisted of
raids ordered by the Eighth Criminal Trial Judge and that during these raids
“necessary and reasonable force is used, taking into account that this involved a very
dangerous criminal organization that had committed several crimes of murder and
aggravated robbery.”
29.
The State noted that on March 14, 2002, a hearing was held on
precautionary measures in which the justification for preventive detention was
determined, given the danger of flight and of obstruction of the process. It added
that in June 2002, the Public Ministry filed charges for the crimes of aggravated
robbery, murder, and others against Blas Valencia Campos, Norma Alarcón de
Valencia, Claudia Valencia, Mercedes Valencia, Patricia Gallardo, Francis Elida
Pimentela, Carlos Eladio Cruz Añez, Raúl Lulleman Gutiérrez, Oswaldo Lulleman
Antezana, Freddy Cáceres Castro, Leonel Eber Delgadillo, Elasio Peña Córdova, Carlos
Enrique Castro, Alfredo Bazán y Rosas, Víctor Manuel Boggiano Bruzon and the
declared fugitives Miguel Aguilar, Angel León Arévalo, and Camilo Reguera Isuiza.
30.
The State indicated that after various excuses and challenges put
forth by the alleged victims, the criminal proceedings were held in the Second
Tribunal for the city of El Alto, which on May 16, 2003, handed down a conviction. It
stated that this judgment was appealed by the alleged victims, a legal action decided
by the Criminal Division of the Superior District Court, which upheld the conviction.
It added that this decision was appealed through a motion for cassation, which was
declared inadmissible by the Supreme Court of Justice, rendering the judgment final.
It indicated that those convicted are currently serving their sentences.
3 The petitioner did not specify which provisions.
5