133. The Commission and the representatives affirmed that the release never took place; first, based on statements of members of Jeremías Osorio Rivera’s family. Porfirio Osorio Rivera stated that “on May 2, he went to the military base and talked to the Lieutenant who told him that his brother was free, showing him a handwritten document; he went to his mother’s house, but his brother had not arrived; he asked around among the members of the community but no one knew anything.” 242 In a second statement, Porfirio Osorio Rivera indicated, “[…] believing that my brother was free, I went to my brother’s farm, but I did not find him; his wife and children were there, but I did not find him; and lastly I went to the community hall, but with the same result.” 243 Finally, in his most recent statement, during the public hearing, Porfirio Osorio Rivera stated that, “at around 8 a.m., on May 2, we returned to the Military Base; […] the Lieutenant approached, so I said to the Lieutenant, ‘I have come to ask for my brother,’ ‘tell your brother that I have already released him.’ ‘But if he has been released, he should have gone to my brother’s house, but he has not arrived”; then, he said ‘soldier, hand me the radiogram.’ The soldier brought him a written document, but I couldn’t read anything; he pointed to it and showed it to me saying: ‘based on this order, I released your brother.’ Then my sister, Silvia says to me, ‘maybe, because my brother is dirty, injured, because he is ashamed he has gone up to our mother’s house’; so we went to my brother’s house and I saddled up a horse and went to ask for him at my mother’s house; his wife was there, but my brother had not arrived. I went to the community hall, to Nunumia, where the members of the community were, but no one had seen my brother there either.” 244 The other members of Jeremías Osorio Rivera’s family testified similarly denying that he had been released. 245 134. Apart from the statements, the ruling of the Transitory Criminal Chamber of the Supreme Court of Justice of June 24, 2010, established that “[…] there are no reasons or grounds for [Jeremías Osorio Rivera] to have disappeared voluntarily after he supposedly recovered his freedom; in this regard the exculpatory version of the accused is totally implausible, particularly if sergeant entered the place where the man was and he saw that the man came out walking, but he did not pay much attention because he did not know why that person was there.” Statement made by Carlos Alberto Martínez García before the National Criminal Chamber during the twelfth session of the oral proceeding held on March 4, 2011 (evidence file, volume IX, annex 31 to the State’s answering brief, folios 4823 and 4824). 242 Preliminary statement made by Porfirio Osorio Rivera referred to in the judgment delivered by the National Criminal Chamber on December 17, 2008 (evidence file, volume IX, annex 20 to the State’s answering brief, folios 4706 and 4707). 243 Pre-emptive statement made by Porfirio Osorio Rivera before the Court for Civil and Criminal Matters of Cajatambo on July 7, 2006 (evidence file, volume IV, annex 32 to the submission of the case, folio 1784). 244 Statement made by Porfirio Osorio Rivera during the public hearing held before the Court on August 29, 2013. 245 Santa Fe Gaitán Calderón stated “[…] they told Porfirio that they had released my permanent companion, Jeremías Osorio, but he never came home. What freedom did they give him? Because he would have gone to his children; to the home of his sister, Silvia, who lived in Cajatambo.” Affidavit prepared by Santa Fe Gaitán Calderón on August 14, 2013 (evidence file, volume XI, affidavits, folio 5304). The presumed victim’s sister stated: “[…] the following day, May 2, we returned again in the morning with Porfirio and the same “Conan” came out and told us that he had released Jeremías. I was surprised by this information; we believed that they had released him, but we thought it strange that he had not gone home; we thought that perhaps because he was afraid or ashamed he had gone straight back to his home in Cochas Paca. I went to my house; I asked my husband, but Jeremías had not arrived; then Porfirio went off on horseback to see if Jeremías had arrived back at his house. And later, when Porfirio arrived at the house of Jeremías, he was not there, so Porfirio returned to Cajatambo again on May 3, saying that Jeremías was not there. […] Jeremías is not capable of doing that; he would always have returned home; he loved his family, my mother, he was very close to my mother. […] I was so close to him that I find it impossible to think that, if Jeremías had been released he would not have gone to my house to change, to wash up, to eat, to ask for a horse or simply to see us, because his home was far away.” Affidavit prepared by Silvia Osorio Rivera on August 15, 2013 (evidence file, volume XI, affidavits, folios 5310 and 5311). Lastly, Jeremías Osorio Rivera’s daughter stated that: “[…] if they had released him, he would have gone to the house of my aunt Silvia, who lived in Cajatambo.” Affidavit prepared by Edith Laritza Osorio Gaytán on August 14, 2013 (evidence file, volume XI, affidavits, folio 5316). 50