14 information on his real whereabouts, Porfirio Osorio Rivera filed a criminal complaint against Lt. Juan Carlos Tello, the results of which are detailed below. 59. Although during the processing of this case the Peruvian State did not dispute the petitioners’ narrative of the events of April 28 to May 1, 1991, the IACHR will now rule on the elements that enable it to reasonably conclude that Jeremías Osorio Rivera disappeared while he was in the custody of soldiers from the Cajatambo Countersubversive Base. 60. In the judicial proceedings initiated as a result of the complaints filed by Jeremías Osorio’s family, the sole defendant, Lt. Juan Carlos Tello, maintained that the victim was released on May 1, 1991, in accordance with orders given by Lt. Col. Arnulfo Roncal Vargas, his superior in the chain of command. The records of the various trials conducted since May 1991 indicate that in 1989, Jeremías Osorio Rivera was questioned by the Antiterrorism Directorate (DIRCOTE) and that two police reports on 55 him existed: 056-DIRCOTE of November 12, 1989, and 047-D3-DIRCOTE of April 4, 1991. Those reports accused him of collaborating with the Shining Path insurgent group and referred to him by the alias “Comrade Gashpao.” The same alias was used in radio message No. 628 of April 29, 1991, in which Juan Carlos Tello informed the 77th Armored Infantry Battalion that Jeremías Osorio had been arrested 56 and weaponry purportedly in his possession had been seized. Accordingly, in its judgment issued on December 17, 2008, in criminal proceedings that remain ongoing, the National Criminal Chamber established that: […] both the accused [Juan Carlos Tello] and the witness Arnulfo Roncal Vargas considered the victim to be a subversive criminal […]. He was even assigned the alias ‘Gashpao’; it was known that this coincided with the alias used in the police reports drawn up in connection with the victim; and it was known that the seized firearm belonged to a police officer; consequently, the procedures for the arrest of suspected subversive elements had to be followed […] in other words, he had to be brought before the police authorities for the investigation to proceed. This did not happen, even though the command post ordered the witness Arnulfo Roncal Vargas – per radio message No. 223, which appears on p. 2573 – to take the relevant steps, since the victim had participated in the 57 murder of police personnel in Huancapón. 61. In their preliminary statements and during the oral proceedings, the officers Juan Carlos Tello and Arnulfo Roncal Vargas held that the release of Jeremías Osorio Rivera was accredited, inter alia, by means of a document titled “certificate of release,” dated May 1, 1991, which contains the following text and graphical elements: THIS CERTIFIES THAT MR. OSORIO RIVERA JEREMIAS; WITH VOTERS’ NUMBER 15200671, BORN IN THE PROVINCE OF CAJATAMBO – DEPARTMENT OF LIMA, WAS RELEASED ON MAY 1, 1991, AT 7:00 A.M., AND WAS NOT SUBJECTED TO ANY KIND OF PHYSICAL OR PSYCHOLOGICAL MISTREATMENT. THIS CERTIFICATE IS ISSUED FOR ALL PERTINENT PURPOSES. Cajatambo, May 1, 1991. [The lower part of the document contains a fingerprint and the name JEREMÍAS OSORIO RIVERA, 58 along with a signature.] 55 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 3, “Preliminary Investigation,” No. 11, and section 5, “During the Oral Proceedings,” No. 23, stating that report No. 298-DIRCOTE PNP-OFINTE-UNIBAS was annexed to the proceedings, “wherein it is established that Fermín Tolentino Román, Patricio Chavarría Celestino, Crisólogo Chavarría Rojas and Jeremías Osorio Rivera have criminal records for terrorist offenses.” 56 Annex 26: Witness statement of Arnulfo Roncal Vargas, given on September 22, 1993, to the Third Permanent Military Court of the Second Army Judicial District. 57 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 8, “Appraisal of the Evidence,” No. 10. 58 20, 1997. Annex 34: Document titled “Certificate of Release.” Annex to the initial petition received by the IACHR on November