Thursday, November 25, 2021 | 5:30 a.m.
“You cannot imagine the pain I felt when I heard everything they did to my son, the way they beat him and then the suffering, alone in the cell for so many hours without help. When they read that he was asking for me… ”, Bárbara Chitouski (83) managed to say, the mother of Hugo Miguel Wasyluk (38), before breaking down in tears.
But she drew strength from where only a mother who claims justice can do it, and continued: “Hearing that my son was dying and asking for me broke my heart. I don’t understand how there are such bad people. Let it die like this. He has no forgiveness. I believe in Justice, and above all I believe in God’s justice. But this pain cannot be cured with anything ”.
This is how he reflected in dialogue with El Territorio after the first hearing of the oral and public trial for the murder of his son, whose body was found on April 27, 2011 in a cell of the First Section of Oberá.
Despite her physical ailments that force her to move around with a walker, Ms. Chitouski wanted to be present at the debate.
The file is labeled “torture followed by death, failure to report and failure to comply with the duties of a public official” and is accused of thirteen police officers who at the time of the event were working at the Villa Bonita Police Station and the First Section of Oberá. They all came to the debate at liberty.
Yesterday, in the reading of the request for elevation to trial, it was confirmed that the greatest accusation weighs on former sergeant Pedro De Mattos (48), former corporal Carlos Antonio Gómez (33) and former agent Ricardo Javier Rodríguez (37), accused torture followed by death, a crime that includes life imprisonment.
Rodríguez even declared that De Mattos and Gómez injured themselves with a knife and later said that Wasyluk had attacked them.
Pedro De Mattos appears as the most committed.
Rodriguez broke down
As specified the day before, on April 25, 2011, at around 8:00 p.m., Wasyluk was detained by a commission from the Villa Bonita Police Station made up of the aforementioned De Mattos, Rodríguez and Gómez, in addition to the assistant officer Jorge Antonio Heijo and Chief Warrant Officer Wilson Ricardo González.
The patrol responded to a request from Ana Wasyluk, who requested police assistance because her brother was under the influence of alcohol.
According to witnesses, which was later corroborated by Rodríguez in the investigation, Wasyluk was reduced and handcuffed with extreme violence on provincial route 103, in the urban area of Villa Bonita.
“De Mattos and Gómez beat him with batons. I did not see that Wasyluk had a knife, “said the former agent, discrediting the defensive alibi of his comrades who claimed that the victim attacked him with a knife.
According to Rodríguez, De Mattos and Gómez gave the detainee a brutal punishment, even when he was already handcuffed and on the ground. He said they hit him on the truck and then at the Villa Police Station, where they threw him on some stones, picked him up, and threw him again.
“Gomez kneed him in the chest. And I told him that it was so that he would not mess with the police anymore, “he said.
Rodríguez insisted that he was threatened by De Mattos and attacked by Gómez to keep him silent. They also tried to impose their highest hierarchy on him.
Don’t open your mouth. Since when has the wall pissed the dog, ”he said De Mattos told him. In this context, from the outset the three were the most committed and remained in detention for three years, the maximum allowed by preventive detention.
While behind bars they were discharged from the Police. They were released in May 2015 after paying a bond of 50 thousand pesos each, for which they reached the trial in freedom.
30 hours of agony
The investigation of the case determined that Hugo Miguel Wasyluk was reduced, detained and beaten in Villa Bonita.
Ana Wasyluk stated that while at the police station she heard like “whips” and her brother’s cries for help. A taxi driver also observed how the uniformed men threw him on some stones, picked him up, and threw him again.
Already badly injured, the victim was transferred by the same patrol to Oberá with the intention of housing him in the Second Section. Previously, they had him checked by the police doctor José Orlando Morales, who checked him at the doctors’ campsite, on National Route 14, where he was eating a barbecue.
The professional’s performance would be closely related to the fatal outcome, as he checked it in low light on the body of the Police van, with his clothes on, and certified that he had “superficial” injuries.
After this review, clearly insufficient, Wasyluk continued to suffer blows.
Even, according to Rodríguez, when he got to the Second Section, Gómez threw him on the stairs.
But those responsible for the Second noticed that the medical certificate did not show the severity of the injuries that the victim presented and they refused to receive him, so he was housed in the First, where they found him dead at 0.20 on April 27, is say almost 30 hours after his arrest in Villa Bonita.
Wasyluk was found dead on the latrine in cell 2. During the previous hours he had requested medical assistance, which was underestimated by the successive guards.
For this reason, the imputation of non-compliance with the duties of a public official for seven members of the said unit, as well as the police doctor.
According to the autopsy, the cause of death was “hypovolemic shock and asphyxia due to aspiration of intestinal fluid.” Wasyluk suffered a massive hemorrhage that prevented her heart from pumping enough blood to the body and her organs stopped working. As a result, he aspirated his own fecal matter. The corpse presented “multiple traumatic injuries at the thoracic level of a compressive type, produced with great weight”, caused by the terrible punishment that he suffered while handcuffed.
He suffered a tear in the arteries that supply the intestines. The brutality of the event is confirmed by the fact that he suffered a fracture of the thoracic wall due to the weight exerted by at least two people who stepped on him while he was lying down.
“It is an injury that generates intense pain when breathing,” said the coroner Gabriel Flores. He also specified that “with proper medical attention he could have survived.”
For his part, the coroner Horacio Marín stated that “the injuries presented by the victim could not have gone unnoticed by a doctor, as well as the bruises that are visible three or four hours after the injury”.
The detail of Dr. Lein Hung Kuo was also enlightening, who in April 2011 was working as a doctor in the Villa Bonita ward and on the same afternoon of the 25th, he checked Wasyluk for a dermatological consultation and did not verify that he had bruises.
This threw overboard the version launched by an employee of the Municipality of Campo Ramón who indicated that that morning, that is, before the attention in the room, Wasyluk told him that he had been run over by a car.
For the investigating court, this hypothesis was never valid and there are suspicions that the alleged witness had been influenced by the Police.
Degrees of responsibility
Although for the investigating court there are three defendants with greater responsibility for the final result, which was none other than Wasyluk’s death, the other ten defendants also had their burden of guilt.
In this sense, Jorge Antonio Heijo and Wilson Ricardo González, who were part of the patrol that detained the victim, are being tried for failure to report and failure to comply with the duties of a public official.
Both observed the complaints but did nothing to prevent them nor did they report the incident.
Meanwhile, the police doctor José Orlando Morales is accused of breach of the duties of a public official since he did not check the victim properly. However, he later stated that he recommended that Wasyluk be transferred to the Samic guard.
The same degree of responsibility reaches Miguel Ángel Espíndola, who was head of the First Section, as well as the personnel under his charge: Hugo Ariel Basaraba, Carlos Ariel Lentini, Roxana Andrea Harasimezuk, Alejandro Fabián Núñez, Luis Alberto Silva and Gustavo Javier Fontana.
In summary, the head and staff of the First are blamed for underestimating the victim’s requests for help, who lay dying for almost 30 hours in said unit without medical assistance.
For their part, the police officers argue that Wasyluk did not complain, which was contested by other soldiers who were also on duty.
Consequently, in addition to the head of the First Section, the three officers on duty and the three chiefs of the guard who carried out tasks from the night of the 25th until the early morning of April 27, 2011, were also charged.
For logistical reasons, the debate over the murder of Wasyluk takes place at the Oberá Tennis Club (OTC), where there is room for all parties involved.
Criminal Court One is chaired by Francisco Aguirre, seconded by José Pablo Rivero and the surrogate Jorge Villalba. The prosecution is in charge of Miryam Silke and Elías Bys.
Rafael Pereyra Pigerl and María Vanela Vignoles are plaintiffs on behalf of Bárbara Chitouski and Lucas Wasyluk, the mother and son of the victim. Meanwhile, also for the bereaved, Héctor Rubén Sánchez and Luciano Wall act as civil actors.
Since at the time of the event the defendants were public officials, the provincial state is represented by lawyers Jorge Rojas and Walter Vuotto.
Also participating as observers are Eduardo Scherer and Fabián Mantau, president and commissioner of the Provincial Commission for the Prevention of Torture (CPPT).
The lawyer Javier Millán Barredo acts as a defender of the police doctor and the seven policemen who served in the First Section.
Ramón Butof sponsors Heijo and Gómez; while Marcelo Carísimo is in charge of the defense of Rodríguez and González. The only defendant who has an exclusive defense is Pedro De Mattos, assisted by Cristina Salguero.
The debate will continue today, from 8.30 am, when the Court will rule on several preliminary questions.
In this regard, the plaintiff Pereyra Pigerl requested that during the entire trial, which will last until December 9, the photographs of Wasyluk’s body and the autopsy be permanently displayed in order to allow a real dimension of the brutality suffered by the victim. .
The lawyer made such a consideration because it was a violation of human rights enshrined in the Constitution and international treaties. ´
For his part, Millán raised the nullity of the investigation of his clients for alleged incongruity.
Salguero, meanwhile, claimed the nullity of what was acted by Pereyra Pigerl from his assumption as national deputy for alleged incompatibility in office, to which Butof adhered.
Carísimo only asked for a copy of the autopsy CD.