statement to the prosecutor on February 26, 2001. 77 On April 10, 2001, the Chamber of
Deputies agreed to lift Mr. W.B.’s immunity. 78
48. On July 11, 2001, the Public Prosecution Service indicted Inspector J.B.P., Deputy
Inspector M.P. and officer 2nd class O.V. for the offenses defined in Articles 307, 308
and 309 of the Criminal Code (infliction of bodily injury in the performance of duties and
torture), and requested an oral public trial. 79 On the same day, the prosecutor asked the
Court to consolidate the cases “[J.B.P.] and others, for infliction of bodily injury in the
performance of public duties” and “[W.B.], for torture.” 80 On July 24, 2001, by means of
Interlocutory Order 752, the Criminal Court ordered that the cases be consolidated. 81
49. On August 8 of the same year, two prosecutors presented an indictment against
Mr. W.B. for the crime of torture and asked the court to order an oral public trial for the
four defendants. 82 On the same day, Mr. López’s legal representative presented an
auxiliary private prosecution against J.B.P., M.P., O.V., and W.B.. 83
50. On October 30, 2001, a preliminary hearing was set for November 28, 2001,
marking the end of the preparatory stage. 84 On November 13, 2001, the case was
referred to the Court of Appeals, which then referred the case to the Supreme Court of
Justice. 85 Mr. W.B.’s legal representatives presented an action for the protection of
constitutional rights that was rejected by the Constitutional Chamber of the Supreme
Court of Justice in a judgment issued on June 5, 2003. 86
51. A new date was set for the preliminary hearing (July 22, 2003), although it was
postponed after M.P.’s legal representatives presented a constitutional objection
challenging the criminal court of guarantees’ jurisdiction to hear the intermediate stage
of the case. 87 The objection was rejected, and the judge of the Criminal Court of
Guarantees in charge of the intermediate stage set a new date for the public hearing
(November 26, 2003). 88
52. On September 8, 2003, anticipating that the case might possibly be affected by
the statute of limitations, the Public Prosecution Service presented a constitutional
77
Cf. Statement of Jorge Luis López Sosa before the Public Prosecution Service on February 26, 2001,
Criminal case file, “[J.B.P.] and others, for infliction of bodily injury in the performance of public duties”
(evidence file, folios 5147 to 5167).
78
Cf. National Congress, Chamber of Deputies, Decision 610, of April 10, 2001, Criminal case file,
“[W.H.B.M.], for torture” (evidence file, folios 5297).
79
Cf. Criminal case file, “[J.B.P.] and others, for infliction of bodily injury in the performance of public
duties” (evidence file, folios 5147 to 5167).
80
Cf. Criminal case file, “[J.B.P.] and others, for infliction of bodily injury in the performance of public
duties” (evidence file, folio 5175).
81
Cf. Criminal case file, “[J.B.P.] and others, for infliction of bodily injury in the performance of public
duties” (evidence file, folio 5209).
82
Cf. Criminal Prosecutor, Brief of August 8, 2001, Criminal case file, “B.P., M.P., O.V., and others, for
infliction of bodily injury in the performance of public duties” (evidence file, folios 5313 to 5226).
83
Cf. Brief of August 8, 2001, Criminal case file, “B.P., M.P., O.V., and others, for infliction of bodily
injury in the performance of public duties” (evidence file, folios 5327 to 5331).
84
Cf. Criminal Court Judge, Order of October 30, 2001, Criminal case file, “B.P., M.P., O.V., and others,
for infliction of bodily injury in the performance of public duties” (evidence file, folios 5361).
85
Cf. Report of the Public Prosecution Service regarding Case No. 2606/2000 - “Basilio Pavón and others,
for infliction of bodily injury in the performance of public duties,” of August 19, 2008 (evidence file, folio 472).
86
Cf. Report of the Public Prosecution Service regarding Case No. 2606/2000 - “Basilio Pavón and others,
for infliction of bodily injury in the performance of public duties,” of August 19, 2008 (evidence file, folio 472).
87
Cf. Report of the Public Prosecution Service regarding Case No. 2606/2000 - “Basilio Pavón and others,
for infliction of bodily injury in the performance of public duties,” of August 19, 2008 (evidence file, folio 472).
88
Cf. Report of the Public Prosecution Service regarding Case No. 2606/2000 - “Basilio Pavón and others,
for infliction of bodily injury in the performance of public duties,” of August 19, 2008 (evidence file, folio 473).
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