respectively, were carried out in daytime hours, they originated from a raid that began during the
night; therefore, they were also contrary to Article 7(2) of the Convention.
129. Regarding the raid of the house located at No. 1365 Juan Manuel Cáceres Passage between
4:00 and 5:00 a.m. on December 18, 2001 (where Eladio Cruz Añez, F.E.P.M. and Carlos Enrique
Castro Ramírez were present), and the arrest of Freddy Cáceres in the Tropical Inn Hotel, the
Court notes that those properties were not included among the places listed in the search
warrants; consequently, the arrests made there were executed without a valid warrant, outside
working hours, and without the presence of flagrante delicto. Therefore, the Court finds that they
violated Article 7(2) of the Convention.
130. Lastly, at 08:30 a.m. on December 18, 2001, a raid was carried out at the house of Carlos
Álvaro Taboada Valencia in Simón López Avenue in Cochabamba. According to the factual
framework (supra para. 71), this was also carried out without a valid search warrant and without
a situation of flagrante delicto; therefore, the raid and arrest also violated Article 7(2) of the
Convention, even though they occurred during daytime hours.
B.1.2. Arbitrary nature of the raids and the arrests (Art. 7(3) of the
Convention)
131. Even though the Court has already considered that the arrests of the alleged victims were
unlawful, in this case, it finds it necessary to examine the alleged arbitrary nature of the arrests.
Indeed, as will be developed in Chapter VIII (infra paras. 170 to 207), during the execution of the
search warrants and the arrests carried out without a court order, distressing actions and even
acts of torture were committed against those arrested.
132. Based on the above, the Court finds that the State violated Article 7(3) of the Convention,
to the detriment of the alleged victims who were deprived of liberty in the context of the raids and
arrests that took place on December 18, 2021.
B.1.3. Lack of control judicial of the arrests (Art. 7(5) of the Convention)
133. According to paragraph 5 of Article 7 of the American Convention, “any person arrested shall
be brought promptly before a judge or other officer authorized by law to exercise judicial powers.”
134. Following the raids, alleged victims Eladio Cruz Añez, F.E.P.M., Carlos Enrique Castro
Ramírez,200 Víctor Boggiano Bruzzón, Genaro Ahuacho Luna, Alfredo Bazán y Rosas, Mercedes
Valencia Chuquimia, Mauricio Valenzuela Valencia,201 Patricia Gallardo Ardúz,202 Blas Valencia
Campos, Norma Alarcón de Valencia, Edwin Rodríguez Alarcón, Freddy Cáceres, Claudia Valencia
Alarcón, Gabriel Valencia Alarcón, Alexis Eduardo Valencia Alarcón, Claudio Centeno Valencia,
Elacio Peña Córdoba, Oswaldo Lulleman Antezana, Victoria Gutiérrez de Lulleman, Luis Lulleman
Gutiérrez, Jenny Paola Lulleman de Zaconeta and Julia Mamanu Mamani203 were taken to the PTJ
facilities.
135. In addition, the facts of the case reveal that, following the raid on his house, Carlos Álvaro
Taboada was taken to the PTJ Homicide Division where he was detained for two day before being
200
Cf. Statement made by Eladio Cruz Añez, undated (evidence file, folio 12591).
201
Cf. Statement by Víctor Manuel Boggiano Bruzzón, undated (evidence file, folios 12606 and 12607).
202
Cf. Affidavit made by Patricia Gallardo Ardúz on June 15, 2022 (evidence file, folio 12720).
203
Cf. Affidavit made by Luis Fernando Lulleman Gutiérrez on June 17, 2022, (evidence file, folio 12776).
40