29
fax with the names of some military officers allegedly involved, those same names had been
received by journalists from Cáritas radio.”156
106. Likewise, Carmen Marina Arrom Suhurt stated that on January 19 they went to the Criminal
Investigation Department and two policemen at the entrance told them that the Minister of the
Interior, Julio César Fanego, had his brother in his Ybycuí ranch.157 She indicated that a journalist
called her very early on Monday the 21st and told her that she had to go to “Criminal Investigations
because a policeman told her that they had Juan there.”158 She pointed out that, when they went
on Tuesday the 22nd, some journalists told them to ask for Juan Arrom's cell phone and why his
SUV was full of mud.159
107. The Court recalls that, according to its jurisprudence, the statements of alleged victims
cannot be evaluated in isolation but rather within the full evidence in the process, since they are
useful to the extent that they can provide more information on the alleged violations and their
consequences.160 In a case like this, given the absence of a context and contradictory positions
regarding the events that occurred, it is necessary that what was indicated by the alleged victims
coincide with other elements of evidence that allow the Court to use these statements to have
more information about what happened.
B.1.b Statements from persons who claim to have witnessed the moment the
alleged victims were detained by state agents
108. Four residents of the area where Juan Arrom Suhurt and Anuncio Martí were allegedly
detained stated that they had seen a lot of movement of cars on January 17, 2002, including
some cars without license plates. Also, that at night there was a crowd of people in front of the
offices of the Center of Judicial Investigations.161
109. The Court highlights that there are no direct testimonies claiming to have seen the detention
of Juan Arrom Suhurt and Anuncio Martí Méndez. Only Luis Alfonso Resck Haiter claimed to have
witnessed the arrest of a person, whom he did not identify.162 Likewise, Mr. Resck Haiter stated
that the Director of the Center of Judicial Investigations, Javier Cazal, was present in the
operation.163
110. Whether or not what the neighbors witnessed something happen on January 17 was
questioned and put in doubt in the internal investigations. There is record of an operation carried
out in the area on January 9, where two people were arrested.164 Likewise, one of the residents
of the area stated that “the day or night that [Mr.] Resck might have witnessed something, a
pilgrimage of people arrived” and he saw Mr. Resck Haiter gesticulating and speaking loudly. He
Testimony of February 11, 2002, by María Auxiliadora Arrom (evidence file, fs. 4964).
Cf. Statement of Carmen Marina Arrom Suhurt before a notary public on January 24, 2019 (evidence file, f.
13139).
158
Cf. Statement of Carmen Marina Arrom Suhurt before a notary public on January 24, 2019 (evidence file, f.
13139).
159
Cf. Statement of Carmen Marina Arrom Suhurt before a notary public on January 24, 2019 (evidence file, f.
13140).
160
cf. Case of Liakat Ali Alibux Vs. Suriname. Preliminary Objections, Merits, Reparations and Costs. Judgment of
January 30, 2014. Series C No. 276, para. 31, and Case of San Miguel Sosa et al. v. Venezuela. Merits, Reparations
and Costs. Judgment of February 8, 2018. Series C No. 348, para. 39.
161
Cf. Record of testimony of Amada Concepción Cerquetti de Cáceres on April 30, 2002 (evidence file, f. 5582);
Testimony record of Pedro Pablo Cáceres Barrios of April 30, 2002 (evidence file, fs. 5578 and 5579); Record of
testimony of María Teresa de Jesús Cerquetti of May 6, 2002 (evidence file, fs. 5666 and 5667), and Record of
testimony of Zully Noemí Rosa Flores of May 6, 2002 (evidence file, f. 5670).
162
Cf. Testimony of Luis Alfonso Resck Haiter on February 7, 2002 (evidence file, f. 4909).
163
Cf. Testimony of Luis Alfonso Resck Haiter on February 7, 2002 (evidence file, fs. 4907 to 4909).
164
Cf. Report No. 00018/02 of January 9, 2002 (evidence file, fs. 6597 to 6599), and Note from Diario ABC,
entitled “Resck witnessed the operation the same day of the kidnapping” of February 8, 2002 (evidence file, f. 1766).
156
157