176. In the PTJ, at the request of a prosecutor, forensic medical examinations were performed
on Claudia Valencia Alarcón, Norma Alarcón Castillo, F.E.P.M., Victoria Gutiérrez Aguilar, Jenny
Paola Lulleman, Carlos Enrique Castro Ramírez, Mercedes Valencia Chuquimia, Julia Mamanu
Mamani and Víctor Manuel Boggiano Bruzzón. According to these examination, it was determined
that Victoria Gutiérrez Aguilar, Jenny Paola Lulleman Gutiérrez and Julia Mamanu Mamani showed
no signs of injury. The evaluations of Claudia Valencia Alarcón and Norma Alarcón indicated that
they had injuries that warranted two days sick leave. In the case of F.E.P.M, the evaluation
indicated four days sick leave; for Enrique Castro Ramírez, seven days, and for Víctor Manuel
Boggiano, fifteen days. Regarding Mercedes Valencia Chuquimia, some injuries were noted, but
no sick leave was indicated.254
177. It is also necessary to indicate that the absence of physical evidence should not be construed
to suggest that ill-treatment did not occur since such acts of violence against persons frequently
leave no marks or permanent scars.255 The same is true for cases of sexual violence and rape in
which the fact that this has occurred is not necessarily revealed by a medical examination because
not all cases of sexual violence and/or rape cause physical injuries or illnesses that can be verified
by a medical examination.256
B.2.3. Acts that occurred during the detentions
178. According to the statements of the alleged victims who were taken to the PTJ, during their
detention they were subjected to verbal and physical violence by the police officers.257 The women
stated that they were victims of rape and other acts of sexual violence,258 and these will be
analyzed in the following section.
B.2.4. Subsequent medical assessments
254
Cf. Forensic medical certificates dated December 18, 2001 (evidence file, folios 11554 to 11561).
Cf. United Nations, Office of the High Commissioner for Human Rights, Istanbul Protocol (Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) New
York and Geneva, 2004, para. 161.
255
256
Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment
of August 30, 2010. Series C No. 215, para. 124, and Case of Azul Rojas Marín et al. v. Peru, supra, para. 153.
257
Among the abuse they suffered, the alleged victims recounted that they were obliged to sleep on a wet floor;
were woken up during the night to dowse them with water and beat them; had limited access to food and water; a
sergeant tore off the stitches from Elacio Peña Córdoba’s bullet wound with a ballpoint pen, and covered it with locoto
(Capsicum pubescens) and salt in order to make him suffer (Statement made by Eladio Cruz Añez undated, evidence
file, folio 12591). Víctor Manuel Boggiano also described how he was beaten until he passed out, his ears bled, and
he lost the toenails off his left foot (Statement by Víctor Manuel Boggiano Bruzzón, undated, evidence file, folio
12607). He also recounted how Genaro Ahuacho Luna was tortured: “I was in the hall. He was lying face down; a
door opened. “I was on the ground, I got up and they strung me up from hooks. When I was on the ground, I looked
at the deceased, and saw how two or three of them hit him … with a rifle and with truncheons. He fainted due to the
immense pain. They brought him round and again hit him on the head very brutally with batons and blunt objects,
while they kept him handcuffed with his hands behind his back, in the same way that they did to me at the time I
was captured” (Psychological expertise in relation to the alleged cruel, inhuman and degrading treatment of Víctor
Manuel Boggiano Bruzzón conducted by Pablo Gabriel García in August 2021, evidence file folio 9859).
Claudia Valencia stated that they were searched constantly, with ungloved fingers introduced in the vagina;
firearms were also sometimes introduced into the vagina (Affidavit made by Claudia Mariela Valencia Alarcón on June
14, 2022, evidence file, folio 12628). Patricia Gallardo stated that she was interrogated for from 4 to 5 hours. During
the interrogation, she was beaten and they made her spread her legs to introduce a gun barrel between her legs. She
indicated that, on several occasions, the police officers took the women detainees into a corridor where they undressed
them and then raped them, putting their fingers in the women’s private parts. She also indicated that they threatened
to harm her children. In particular, she indicated that, on several occasions during the night, she was taken from her
cell to a room where she was raped by several police officers (Affidavit made by Patricia Gallardo Ardúz on June 15,
2020, evidence file, folios 12720).
258
52