10
documentary evidence requested as evidence to facilitate adjudication of the case,
under instructions by the President.13
B) TESTIMONY AND EXPERT OPINIONS
49.
On May 5, 6 and 7, 2004 the Court heard the testimony of the witnesses and
the expert opinions of the expert witnesses offered by the Inter-American
Commission and by the representative of the alleged victims and their next of kin.
The Court will now summarize the significant parts of said statements.
a.
Testimony of Ángel del Rosario Vásquez Chumo, member of the
Peruvian National Police at the time of the facts
He was the driver of the police patrol car in which the brothers Rafael Samuel
and Emilio Moisés Gómez Paquiyauri were put on June 21, 1991. That day
the Sergeant Francisco Antezano Santillán, who together with other officers of
the “POE” police unit put the victims in the trunk, was with the witness.
When he arrived at the place of the facts, the alleged victims had been
detained by Corporal Ari Jaime, who had a gun aimed upward and the
detainees were on the ground, facing down and with their hands free.
Sergeant Antezano Santillán got out of the vehicle to talk to Corporal Ari
Jaime. Afterwards, Captain César Augusto Santoyo Castro and other officers
arrived, including members of the “POE” Unit, whose direct superior was
major Juan Valdelomar Quirós Chávez.
Sergeant Antezano Santillán received orders from Captain Santoyo Castro,
and he told the witness that they should go toward “Ventanilla” in the district
of El Callao, while Captain Santoyo Castro went behind them with another
patrolman and behind the latter came another patrol car with first Sergeant
Canales. After a stoplight, the three patrol cars separated. When they arrived
at the place known as “la Pampa de los Perros,” Sergeant Antezano Santillán
ordered the witness to drive the vehicle into that place, and 150 to 200
meters further he ordered him to turn the car toward Fose Avenue to see if
the other two patrol cars arrived.
Sergeant Antezano Santillán asked the witness for the key to the patrol car,
took out his gun, went to the back of the car, and opened the trunk. Mr.
Vásquez Chumo says he felt when the detainees got out. Since the trunk was
open, he could not see what happened at the back of the car, and he
continued watching the Avenue to see whether he could locate the other two
patrol cars.
Then he heard shots. He got out of the car and saw Sergeant Antezano
Santillán with the gun pointed downward; the detainees were lying face
down, and he saw one of the detainees still trembling. Sergeant Antezano
Santillán asked him to help take the alleged victims to the hospital. He
quickly helped put the wounded into the trunk and they went to the San Juan
Hospital.
The witness heard Captain Santoyo Castro ask Sergeant Antezano Santillán
13
See file on the merits, reparations, and costs, volume V, leaves 1145 to 1148.