9
Regarding to the instant case, the expert witness reported, first of all, that he
had not personally interviewed any of the next of kin of the alleged victims.
Regarding to Rafael Samuel and Emilio Moisés Gómez Paquiyauri, he pointed
out that the blows they received, as described in the significant photographs
and documents, caused grave suffering and pain; the act was intentional, as
the beating began when they were arrested; the purpose of the acts seemed
to be that of investigating, but it may also have been to intimidate or coerce.
The act was carried out by identified police officers. The expert witness stated
his conclusion that “[t]here is no doubt that the two boys were tortured before
they were murdered.”
Regarding to Lucy Rosa Gómez Paquiyauri, sister of the alleged victims, the
expert witness stated that the mental suffering of a 15 year old girl, when she
learned that her two brothers were tortured to death, is “obvious”. The mental
and physical torture caused during the interrogation and deprivations of
liberty of Lucy Rosa, was inflicted intentionally by police and prison officers,
with the aim of intimidating and “coercing” her. As a conclusion, the expert
witness stated that Lucy suffered physical and mental torture.
Regarding to the rest of the surviving family, the expert witness stated that
the significant documents describe in detail that the DINCOTE visited the
home of the Gómez Paquiyauri family and interrogated the family many times
over several years, and this caused them mental suffering. Said actions were
intentionally carried out by the DINCOTE with the aim of intimidating or
coercing. The above led the expert witness to conclude that the whole family
was mentally tortured.
On the other hand, the expert witness stated that the State is responsible for
making the prohibition of torture effective, and that carrying out the orders of
a superior is not an excuse. Both the person who obeys the order and
tortures, and the person who gives the order, are responsible. There is, in
turn, the duty to criminally try and, when appropriate, to punish the torturers.
45.
On May 1, 2004 the representative of the alleged victims and their next of kin
forwarded a video as documentary evidence.
46.
During the public hearing, both the representative of the alleged victims and
their next of kin and the State filed several documents as evidence (supra para.
29).11
47.
The representative of the alleged victims and their next of kin, as well as the
State, when they submitted their respective final written pleadings (supra para. 30),
attached various documents as evidence.12
48.
On June 21, 2004 the representative of the alleged victims sent the
11
See file on the merits, reparations, and costs, volume IV, leaves 967 to 1046.
12
See file with appendixes to the brief with final pleadings submitted by the State, volume VI,
leaves 1071 to 1172; and file with appendixes to the brief with final pleadings submitted by the
representative of the alleged victims, volume VII, leaves 1173 to 1514.