13
detainee was taken “with his hands bound to prevent him escaping, and with a hood on because that was
47
standard procedure.” Similarly, Porfirio Osorio Rivera and Santa Fe Gaytán Calderón claim to have
seen Jeremías Osorio for the last time on the morning of April 30, 1991, his hands tied and a hood
covering his face, as he was being taken by the Army patrol toward the Cajatambo Countersubversive
48
Base.
55.
Ms. Juana Rivera Lozano was standing in front of the Nunumia community center as her
son was forced to accompany the Army patrol. Seeing the conditions in which he was being taken and
49
hearing comments telling her to say goodbye to Jeremías Osorio, she broke down and fainted. Aquiles
Román Atencio, a villager who also witnessed the events of the morning of April 29, 1991, said he was
“aware that the people of Nunumia had issued a certificate of good conduct on behalf of Jeremías Osorio
50
Rivera, but there were comments that as a result, [Lt. Juan Carlos Tello] had threatened them.”
56.
Following that incident, Porfirio Osorio was told by three of the four villagers who
accompanied the Army patrol that they had “accompanied [his] brother as far as the place known as
Shapil, where the lieutenant had told them to carry on toward Astobamba, while they headed for
Cajatambo with his brother.” Mr. Porfirio Osorio stated that some villagers heard shouts coming from the
Nunumia schoolhouse where his brother was being held, and that they also reported that his face had
been injured. Porfirio Osorio reported that the civilians who accompanied the soldiers on April 30
remarked that Jeremías Osorio was limping and was forced to walk, and that the soldiers provided him
51
with no food.
57.
On the morning of May 1, 1991, the victim’s siblings Porfirio and Silvia Osorio Rivera
went to the Cajatambo Countersubversive Base, where they were told by a noncommissioned officer by
the name of Mamani that Lt. Juan Carlos Tello was not present, and that no detainees had been brought
52
there. On May 2, Mr. Porfirio Osorio returned to the Cajatambo Base, where Lt. Juan Carlos Tello
informed him that Jeremías Osorio had been released the previous day. When he insisted on additional
information on his brother’s whereabouts, he was shown, by the officer in question, a copy of a radio
53
message purportedly reporting Jeremías Osorio’s release.
58.
In the afternoon of May 2, 1991, Mr. Porfirio Osorio went to the homestead where his
brother lived in Cochas-Paca, but the victim’s companion and children told him they had not seen him. On
54
May 3, 1991, Jeremías Osorio’s family finally searched for him in likely places. Given the lack of
47
Annex 25: Judgment of December 17, 2008, issued by the National Criminal Chamber in the criminal prosecution of
Juan Carlos César Tello Delgado, case file No. 554-07, section 2, “Statement of the Accused.” Annex 33: Document titled
“Confrontation of the suspect, Andrés López Cárdenas, with the complainant, Porfirio Osorio Rivera” before the Provincial Mixed
Court of Cajatambo, August 28, 1991, in which Juan Carlos César Tello states that “I did indeed order a balaclava to placed on his
head, as a procedure to be followed when detainees are transferred.”
48
Annex 32: Preventive statement of Porfirio Osorio Rivera, given on July 7, 2006, to the Mixed Court of Cajatambo, p. 1.
Annex 22: Witness statement of Santa Fe Gaytán Calderón, given on July 7, 2006, to the Mixed Court of Cajatambo, case file No.
077-2005-P, p. 2.
49
Annex 25: Judgment of December 17, 2008, issued by the National Criminal Chamber in the criminal prosecution of
Juan Carlos César Tello Delgado, case file No. 554-07, section 5, “During the Oral Proceedings,” No. 1. Annex 20: Investigation
statement of Porfirio Osorio Rivera, given on October 18, 2004, to the Specialized Provincial Prosecutor’s office.
50
Annex 25: Judgment of December 17, 2008, issued by the National Criminal Chamber in the criminal prosecution of
Juan Carlos César Tello Delgado, case file No. 554-07, section 5, “During the Oral Proceedings,” No. 2.
51
Annex 32: Preventive statement of Porfirio Osorio Rivera, given on July 7, 2006, to the Mixed Court of Cajatambo, pp.
52
Annex 32: Preventive statement of Porfirio Osorio Rivera, given on July 7, 2006, to the Mixed Court of Cajatambo, p. 3.
4 to 6.
53
Annex 25: Judgment of December 17, 2008, issued by the National Criminal Chamber in the criminal prosecution of
Juan Carlos César Tello Delgado, case file No. 554-07, section 5, “During the Oral Proceedings,” No. 2.
54
Annex 32: Preventive statement of Porfirio Osorio Rivera, given on July 7, 2006, to the Mixed Court of Cajatambo, p. 3.
Annex 22: Witness statement of Santa Fe Gaytán Calderón, given on July 7, 2006, to the Mixed Court of Cajatambo, p. 2, in which
she says that on May 2, 1991, “my brother-in-law arrived home and told me my partner had been released; but when he didn’t
appear, he searched everywhere where he might have been until we gave up…”