11 35 livestock. According to statements made by his neighbors and other friends, Jeremías Osorio was opposed to Shining Path’s actions and used to participate in social events organized in his community 36 against the insurgent group. 50. On the morning of April 28, 1991, Jeremías Osorio Rivera went to Cochas-Paca to 37 participate in a sporting event. At the end of the day he was detained by soldiers from the Cajatambo Countersubversive Base, who were patrolling in the area. The arrest took place while he was fighting with his cousin Gudmer Tulio Zárate Osorio; they were both taken to the schoolhouse in Nunumia, where an 38 Army patrol had set up a base on April 22, 1991. The arrest was carried out under the aegis of the “Palmira Operating Plan,” the stated purpose of which was to organize self-defense committees, conduct patrols, and capture members of irregular armed groups. In Cajatambo province this plan was led by the commanding officer of the Countersubversive Base, Lt. Juan Carlos César Tello Delgado, who was 39 known by the assumed names “Andrés López Cárdenas” and “Conan.” 51. On April 29, 1991, Lt. Tello Delgado sent a radio message to the commanding officer of the 77th Armored Infantry Battalion, Lt. Col. Arnulfo Roncal Vargas, reporting the previous night’s arrest. In the radio message Jeremías Osorio Rivera was described as “Comrade Gashpao,” and was also 40 reported to have been carrying explosives, dynamite capsules, and a National Police service revolver. According to Lt. Tello Delgado’s statements to the Peruvian judicial authorities, no record was entered of the confiscation of the revolver and explosives because they were unaware of how to proceed. On this point, he stated that “he [wasn’t] trained to prepare records, statements, or other police documents; he 35 Annex 23: Investigation statement of Santa Fe Gaytán Calderón, given on November 19, 2004, to the Specialized Provincial Prosecutor’s office, p. 1, in which she says that her husband “worked his smallholding and raised the animals we kept at home, then we would sell the lambs we raised to the villagers who came by.” Annex to the petitioners’ communication of November 25, 2010, received by the IACHR on December 8 of that year. 36 Annex 24: Testimony of Porfirio Osorio Rivera to the CVR, Testimony No. 100072, section I, Background. Annex 25: Judgment of December 17, 2008, issued by the National Criminal Chamber in the criminal prosecution of Juan Carlos César Tello Delgado, case file No. 554-07, section 5, “During Oral Proceedings,” No. 2, containing the witness statement of Aquiles Román Atencio, a resident of Cochas-Paca, stating that “he had never seen [Jeremías Osorio Rivera] with weapons, and that on the contrary, he had organized against terrorism and taken the steps for the military base to be set up in Nunumia.” Documents enclosed with the petitioners’ communication of November 25, 2010, received by the IACHR on December 8 of that year. 37 Annex 25: Judgment of December 17, 2008, issued by the National Criminal Chamber in the criminal prosecution of Juan Carlos César Tello Delgado, case file No. 554-07, section 4, “Committal Proceedings,” No. 5, and section 8, “Appraisal of the Evidence,” No. 5. 38 Annex 25: Judgment of December 17, 2008, issued by the National Criminal Chamber in the criminal prosecution of Juan Carlos César Tello Delgado, case file No. 554-07, section 8, “Appraisal of the Evidence,” No. 1, and section 2, “Statement of the Accused,” indicating that at 23:50 hrs on April 28, 1991, “there was an explosion; orders were given for the personnel to surround the locale where a social gathering was taking place, which led to the arrest of Jeremías Osorio Rivera and Gudmer Zárate Osorio, who were utterly intoxicated...” 39 Annex 26: Witness statement of Arnulfo Roncal Vargas, given on September 22, 1993, to the Third Permanent Military Court of the Second Army Judicial District. Annex to the petitioners’ communication of November 25, 2010, received by the IACHR on December 8 of that year. That document contains the following declaration: In my capacity as Unit Chief of the 77th Armored Infantry Battalion and Political/Military Chief of Military Security Area No. 1 […] we implemented the ‘PALMIRA Plan of Operations,’ which involved patrolling in various areas and capturing subversives in the area; Lt. CONAN conducted the operation in the COCHASPACAS zone from April 22 to May 1, 1991… 40 Annex 27: Copy of radio message No. 628 of April 29, 1991, addressed to the 77th Armored Infantry Battalion. Annex to the petitioners’ communication of November 25, 2010, received by the IACHR on December 8 of that year. The radio message contains the following text: RPLY INFORMING SUP THAT (K) on 29 000 ABR 91 “CONAN” PATROL CAPTURED DS JEREMIAS OSORIO RIVERA (c) “GASHPAO” (K) IN POSSESSION OF A CAL 38 REVOLVER AND PRIMED EXPLOSIVE CHARGES (K) FIRED AND THREW AN EXPLOSIVE CAPSULE IN A SOCIAL GATHERING IN THE NUNUMIA COMMUNITY CENTER (K) REVOLVER BELONGS TO PNP-PG (K) FURTHER REPORTS TO FOLLOW (STOP).