defenders. Specifically, he indicated that the attorney for the Blas Valencia family is facing judgment in the court of honor of the College of Attorneys for the Judicial District of the city of La Paz “for taking part in illegal acts of fraudulent incrimination.” 25. The petitioner contended that the facts of the current case constituted a violation of the American Convention 3, of the rights protected in Articles 3, 4, 5, 6, and 10 of the Inter-American Convention to Prevent and Punish Torture, and articles 3, 4, and 7 a) and b) of the Convention of Belém do Pará. 26. In terms of domestic remedies, the petitioner contended that the alleged victims first filed complaints with the Office of the Ombudsman. He added that “the impossibility of initiating judicial procedures stems from the constant threats by the police aggressors, who have systematically been able to impede any attempts to bring legal actions.” According to the petitioner, from the time of their arrest—on December 18, 2001—the alleged victims were “placed in isolation cells and held incommunicado for three months,” which made it impossible for them to file the corresponding complaints. B. Position of the State 27. The State indicated that on December 14, 2001, there was an assault on a delivery truck of PROSEGUR, an armored truck, which resulted in the death of three persons and the robbery of the money being transported in the vehicle. It stated that a preliminary investigation of the facts found that the criminal organization involved “two police chiefs and criminals of Peruvian nationality, Col. Blas Valencia Campos, Maj. Freddy Cáceres Castro, and Patricia Gallardo.” 28. The State recounted that an operation leading to the capture of the criminal organization took place on December 18, 2001, involving different units of the police, including the Rapid Response Team, the Technical Judicial Police, Radio Patrol 110, firefighters, and prosecutors. It specified that the operation consisted of raids ordered by the Eighth Criminal Trial Judge and that during these raids “necessary and reasonable force is used, taking into account that this involved a very dangerous criminal organization that had committed several crimes of murder and aggravated robbery.” 29. The State noted that on March 14, 2002, a hearing was held on precautionary measures in which the justification for preventive detention was determined, given the danger of flight and of obstruction of the process. It added that in June 2002, the Public Ministry filed charges for the crimes of aggravated robbery, murder, and others against Blas Valencia Campos, Norma Alarcón de Valencia, Claudia Valencia, Mercedes Valencia, Patricia Gallardo, Francis Elida Pimentela, Carlos Eladio Cruz Añez, Raúl Lulleman Gutiérrez, Oswaldo Lulleman Antezana, Freddy Cáceres Castro, Leonel Eber Delgadillo, Elasio Peña Córdova, Carlos Enrique Castro, Alfredo Bazán y Rosas, Víctor Manuel Boggiano Bruzon and the declared fugitives Miguel Aguilar, Angel León Arévalo, and Camilo Reguera Isuiza. 30. The State indicated that after various excuses and challenges put forth by the alleged victims, the criminal proceedings were held in the Second Tribunal for the city of El Alto, which on May 16, 2003, handed down a conviction. It stated that this judgment was appealed by the alleged victims, a legal action decided by the Criminal Division of the Superior District Court, which upheld the conviction. It added that this decision was appealed through a motion for cassation, which was declared inadmissible by the Supreme Court of Justice, rendering the judgment final. It indicated that those convicted are currently serving their sentences. 3 The petitioner did not specify which provisions. 5

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