31
alleged victims were released, these witnesses had only made reference to the fact that it had
been insinuated to them that the alleged victims were detained.175
114. Lastly, the Deputy Ombudsman, Héctor Raúl Marín Peralta, stated that prosecutor Hugo
Velázquez Moreno had told him that Juan Arrom and Anuncio Martí were in the custody of other
people, mentioning at one point paramilitary or parapolice groups.176 This would coincide with
what Mr. Víctor Colmán stated in his affidavit, when he indicated when Mr. Marín Peralta visited
him in the detention center on January 20 or 21, he told him that “policeman Schémbori and
Javier Cazal said they […] had Arrom and Martí.”177
115. With respect to all these statements (supra paras. 108to 114) the Court notes that they are
hearsay testimonies, since they did not directly witness the events but rather testified about
accounts other people told them. Therefore, these statements do not prove the veracity of the
events themselves, but only that the account was received. These statements may be taken as
indicia and may not be assessed in isolation but in relation to the rest of the evidentiary material.
In this sense, it is necessary that what is indicated in these testimonies coincide with other
elements of evidence to be conclusive in relation to the international responsibility of the State.
Likewise, it is necessary to take into account that the statement of Mr. Lacognata Zaragoza refers
to the account given by one person about what was said by another person, so its reliability is
less than that of other hearsay testimonies.
B.2.d Information on the houses where the alleged victims were detained
116. According to what was stated by the alleged victims, during their detention they were in
three different houses (supra para. 51).
117. According to the case file, the house where they were found is property of Octavio Francisco
Flores García,178 who was not nor has been a police officer.179 On January 18, 2002, Mr. Flores
García rented the house for six months to Juan Carlos González Villar, a person he had met a few
days before,180 under the agreement that he would move that week.181 The people who took care
of the house reported that they moved out around January 24 to hand over the house to the
tenant.182
118. On January 31, 2002, the people who took care of the house, Esteban Centurión Vega and
Ángela Estefanía Salinas de Lugo, testified that the day they moved out, a person they identified
See, for example, Note from the Diario Noticias, entitled “Colmán says that they insinuated that Juan is
detained”, of January 23, 2002 (evidence file, f. 4408), and Note from the Diario Noticias, titled "Adjunct Ombudsman
seeks Arrom in Investigations" of January 23, 2002 (evidence file, f. 3833).
176
Cf. Statement of Héctor Raúl Marín Peralta of July 15, 2002 (evidence file, f. 6185), and Statement made by
Héctor Raúl Marín Peralta before a notary public on January 24, 2019 (evidence file, f. 13181).
177
Cf. Statement of Víctor Antonio Colmán Ortega before a notary public on January 24, 2019 (evidence file, f.
13209).
178
Cf. Record of Sale of September 25, 2001 (evidence file, fs. 4773 to 4776), and Criminal complaint filed by
Octavio Francisco Flores García on February 6, 2002 (evidence file, fs. 4771 to 4772).
179
Cf. Note from the Head of the Legal Department of the National Police of February 20, 2019 (evidence file, fs.
13950), and Note from the Personnel Management Directorate of the National Police of February 20, 2019 (evidence
file, f. 13951).
180
Cf. Lease agreement of January 18, 2002 (evidence file, fs. 4778 to 4780); Criminal complaint filed by Octavio
Francisco Flores García on February 6, 2002 (evidence file, f. 4771), and Investigation statement of Octavio Francisco
Flores García on February 7, 2002 (evidence file, f. 4819).
181
Cf. Investigation statement of Octavio Francisco Flores García of February 6, 2002 (evidence file, f. 4819).
182
Cf. Testimony of Esteban Domingo Centurión Vera of January 31, 2002 before the Criminal Judge of Fair and
Guard Guarantees (evidence file, fs. 4754 and 4755); Testimony of Ángela Estefanía Salinas de Lugo on January 31,
2002, before the Criminal Judge of Fair and Guard Guarantees (evidence file, fs. 4757 and 4758); Investigation
statement of Octavio Francisco Flores García of February 6, 2002 (evidence file, f. 4818), and Testimonial statement
of Octavio Francisco Flores García of April 10, 2002 (evidence file, f. 5411).
175