27
67.h) Approximately one hour after their detention, the bodies of Rafael
Samuel and Emilio Moisés Gómez Paquiyauri entered the morgue of the San
Juan hospital, currently called “Daniel Alcides Carrión”, as NN (Unidentified).39
67.i) Before they died, Rafael Samuel and Emilio Moisés Gómez Paquiyauri
suffered torture inflicted on them by agents of the Peruvian National Police.40
67.j) At the morgue, the bodies of Rafael Samuel and Emilio Moisés Gómez
Paquiyauri were full of blood and dirt, soiled, wet; there was encephalic mass
on their hair, and one of Emilio’s fingers was missing. The eyes were empty in
both of them.41
67.k) The State agents involved in the facts sought to present Rafael Samuel
and Emilio Moisés Gómez Paquiyauri before public opinion as if they had been
terrorists, and as if their death had taken place in an armed confrontation.42
Regarding to domestic actions
67.l) The parents of the alleged victims filed a complaint regarding the facts
on June 25, 1991 before the Provincial Prosecutor of the Fifth Criminal
Prosecutor’s Office.43
67.m) On the other hand, the Peruvian National Police conducted an
investigation of the facts, which generated police record No. 281-IC-H-DDCV
written brief containing pleadings, motions, and evidence, volume II, appendix 45, leaf 538); and
photograph of the hands of the corpse of Rafael Samuel Gómez Paquiyauri (file with appendixes to the
written brief containing pleadings, motions, and evidence, volume II, appendix 46, leaf 539).
39
See testimony of Lucy Rosa Gómez Paquiyauri before the Court on May 5, 2004; testimony of
Marcelina Paquiyauri Illanes de Gómez before the Court on May 5, 2004; and testimony of Miguel Ángel
Gómez Paquiyauri before the Court on May 6, 2004.
40
See expert opinion of Hans Petter Houguen before the Court on May 6, 2004; autopsy protocols
for the corpses of Rafael Samuel and Emilio Moisés Gómez Paquiyauri issued by the Instituto de Medicina
Legal del Perú “Leónidas Avendaño Ureta” on June 22, 1991 (file with appendixes to the application,
volume I, appendix 11, leaves 71 to 83); testimony of Lucy Rosa Gómez Paquiyauri before the Court on
May 5, 2004; testimony of Marcelina Paquiyauri Illanes de Gómez before the Court on May 5, 2004;
testimony of Ricardo Samuel Gómez Quispe before the Court on May 5, 2004; testimony of Miguel Ángel
Gómez Paquiyauri before the Court on May 6, 2004; and testimony of Jacinta Peralta Allccarima before
the Court on May 6, 2004.
41
See testimony of Lucy Rosa Gómez Paquiyauri before the Court on May 5, 2004; testimony of
Marcelina Paquiyauri Illanes de Gómez before the Court on May 5, 2004; and testimony of Miguel Ángel
Gómez Paquiyauri before the Court on May 6, 2004.
42
See judgment issued by the Third Criminal Chamber of El Callao on November 9, 1993 (file with
appendixes to the application, appendix 21, leaves 288 to 318); police record No. 281-IC-H-DDCV of
June 26, 1991 (file with appendixes to the application, volume I, appendix 13, leaves 88 to 131);
testimony of Lucy Rosa Gómez Paquiyauri before the Court on May 5, 2004; testimony of Marcelina
Paquiyauri Illanes de Gómez before the Court on May 5, 2004; testimony of Ricardo Samuel Gómez
Quispe before the Court on May 5, 2004; testimony of Miguel Ángel Gómez Paquiyauri before the Court
on May 6, 2004; and testimony of Jacinta Peralta Allccarima before the Court on May 6, 2004.
43
See judgment issued by the Third Criminal Chamber of El Callao on November 9, 1993 (file with
appendixes to the application, volume I, appendix 21, leaves 288 to 318); formalization of the criminal
complaint by the Provincial Prosecutor of the Fifth Criminal Prosecutor’s Office of El Callao on June 27,
1991, before the Examining Judge on Duty (file with appendixes to the application, volume I, appendix
14, leaves 132 to 134); testimony of Ricardo Samuel Gómez Quispe before the Court on May 5, 2004;
and testimony of Víctor Chuquitaype Eguiluz before the Court on May 6, 2004.