torture and other cruel, inhuman or degrading treatment or punishment received by the CVR included reports of detainees on the DINCOTE (DIRCOTE) premises in Lima. 69 68. During the armed conflict “numerous Peruvian women were raped by assailants from both the State sector and the subversive groups.” 70 Regarding the actions of the State, the CVR concluded that “rape was a widespread practice that was surreptitiously tolerated, but in some cases openly permitted, by the immediate superiors in certain sphere.” 71 The conclusions of the CVR in this regard are described in greater detail in the chapter corresponding to the allegations of this type of violation (infra paras. 315 to 319). 69. The CVR identified as the reasons for the increase in torture: the declarations of the state of emergency; the excessive power granted to the Police Forces and Armed Forces, including the power to keep detainees incommunicado, which “in many cases, […] extended to discussions with their lawyer,” and the conduct of the agents of justice. In this regard, it emphasized that “the prosecutors called on by law to determine the existence of abuses and to report them to the courts ignored the complaints of those detained and even signed statements without having been present when they were made, so that they were ‘incapable of guaranteeing the physical and mental 72 integrity of the detainee.” C) The counter-terrorism laws in force at the time of the facts 70. The 1991 Peruvian Criminal Code defined the offense of apology of terrorism (apologia) in its 75 article 316, 73 the “crime of terrorism” in article 319, 74 “aggravated terrorism” in article 320, and 76 the offense of “membership in a terrorist organization” in article 322. Following the establishment volume VI, chapter 1.4, p. 250. 69 Cf. Report of the Truth and Reconciliation Commission, volume VI, chapter 1.4, p. 233. 70 Report of the Truth and Reconciliation Commission, volume VI, chapter 1.5, p. 272. 71 Report of the Truth and Reconciliation Commission, volume VI, chapter 1.5, p. 304. 72 Report of the Truth and Reconciliation Commission, volume VI, chapter 1.4, pp. 221 to 224 and 250. 73 Article 316: “[a]nyone who publicly endorses a crime or a person who has been convicted as its perpetrator or participant shall be sentenced to no less than one and no more than four years’ imprisonment. If the crime endorsed is against public security and peace, against the State and national defense, or against the powers of the State and the constitutional order, the sentence shall be no less than four and no more than six years’ imprisonment.” 1991 Peruvian Criminal Code, article 316 (file of annexes to the State’s brief of August 14, 2013, folio 5442). 74 Article 319: “[a]nyone who provokes, creates or maintains a state of unrest, alarm or terror among the population or a sector of the population, committing acts against the life, body, health, liberty, personal security, or physical integrity of the individual or against their property, against the security of public buildings, roads or means of communication or transportation of any type, energy or transmission towers, power plants or any other goods or services, using violent methods, weapons, explosive devices or materials or any other means of wreaking havoc or serious disturbance of the public peace, or affecting international relations or social or State security, shall be sentenced to no less than ten years’ imprisonment. 1991 Peruvian Criminal Code, article 319 (file of annexes to the State’s brief of August 14, 2013, folio 5445). 75 Article 320: “The punishment shall be: 1. No less than fifteen years’ imprisonment if the actor operates as a member of an organization that, to achieve its goals, whatsoever these may be, uses the crime of terrorism established in article 319 as a means. The punishment shall be no less than twenty years when the actor belongs to the organization as its chief, leader or head. 2. No less than eighteen years’ imprisonment if the crime results in injuries to persons or damage to public or private property. 3. No less than twenty years’ imprisonment if minors are made to participate in the perpetration of the crime. 4. No less than twenty years’ imprisonment if the damage to public or private property prevents, totally or partially, the delivery of essential services to the population. 5. No less than twenty years’ imprisonment if, for terrorist purposes, individuals are kidnapped or extortion is practiced in order to obtain the release of detainees from prison or any other undue advantage from the authorities or private individuals, or when, to the same end, any means of transportation by air, water or land, either national or foreign, is high jacked or its itinerary is changed, or if the extortion or kidnapping is designed to obtain money, assets, or any other advantage. 6. No less than twenty years’ imprisonment if, as a result of the perpetration of the acts described in article 313, serious injuries or death occurs, provided that the actor could have foreseen these results.” 1991 Peruvian Criminal Code, article 320 (file of annexes to the State’s brief of August 14, 2013, folio 5445). 76 Article 322: “[a]nyone who forms part of an organization composed of two or more persons created to instigate, plan, 22