19 75 Force Judicial District. The representatives of the Peruvian State before this international agency have also maintained that the bodily injuries seen on Gladys Carol Espinoza were caused by the alleged crash 76 of the motorcycle on which she was traveling, and by the struggling and resistance she put up during 77 her arrest. 97. The cases investigated and published in the CVR’s Final Report include the torture and murder of Rafael Salgado Castilla. Although that incident is not at issue in the instant case, the IACHR will take into consideration the CVR’s conclusions regarding the way in which Gladys Carol Espinoza was detained and transferred to the DIVISE’s premises. According to the CVR, the arrest was part of an 78 operation known as “Oriente,” the aim of which was to locate businessman Antonio Furukawa Obara, 79 who had been abducted on February 1, 1993, allegedly by members of the MRTA. 98. The CVR concluded that a crash such as the one described in the official National Police narrative would have seriously injured Gladys Carol Espinoza and Rafael Salgado Castilla and very probably have caused them to lose consciousness, particularly since they were not wearing crash 80 helmets. In addition, it disputed the possibility that after being abruptly thrown against the road surface, Rafael Salgado Castilla could have immediately got up, struggled with a DIVISE agent, and tried to 81 relieve him of his firearm, as stated in the National Police reports. It added that “the narrative given by the police officers in charge of controlling traffic at the site of the incident indicates no collision involving 82 the detainees’ vehicle.” 99. On April 17, 1993, 2nd Lt. Sandro Abel Yauli Tello and NCO José Luis Torres Arias were on duty at the DIVISE at the “15 de Septiembre” building on Av. España in Lima. They gave statements to the CVR, indicating that “the detainees entered the DIVISE on foot and unaided, [and] Maj. Enciso 83 Alvarado gave orders for no one to hinder his work and for all entrances to the DIVISE to be closed.” In 84 addition, they stated that Maj. Filomeno Héctor Enciso Alvarado did not allow the arrest to be recorded. 100. Although the State has submitted copies of reports and documents from different agencies of the National Police that describe an alleged collision, those documents are dated much later than April 17, 1993, and they were not produced to record an arrest but to provide information in connection with claims that Gladys Carol Espinoza was being tortured and raped at the DINCOTE 75 Annex 9: Judgment of June 25, 1993, File No. 037-93-TP, issued by the Special Military Investigating Judge of the Peruvian Air Force Judicial District, whose identity was recorded by means of the code NLO 1215; enclosed with the petitioners’ communication of September 14, 2010, and received by the IACHR on that same date. That sentence reads: “On April 17, police officers detained RAFAEL EDWING SALGADO CASTILLA and GLADYS CAROL ESPINOZA GONZALES or VICTORIA ROMERO SALAZAR. As they attempted to escape, their motorcycle crashed against the police vehicle and the two detainees were injured.” 76 Communication of the Peruvian State, dated September 2, 1993, received by the IACHR on September 3 of that year. 77 Annex 10: Audio of the hearing on Case 11.157, held on October 23, 2008, during the IACHR’s 133rd regular session; address by the Peruvian State, at 39’33’’ to 39’52’’ in the recording. 78 Final Report of the CVR, 2003, Vol. VII, 2.72 The Torture and Murder of Rafael Salgado Castilla, p. 838, available at: www.cverdad.org.pe/ifinal/index.php. 79 Final Report of the CVR, 2003, Vol. VII, 2.72 The Torture and Murder of Rafael Salgado Castilla, pp. 837 and 838, available at: www.cverdad.org.pe/ifinal/index.php. 80 Final Report of the CVR, 2003, Vol. VII, 2.72 The Torture and Murder of Rafael Salgado Castilla, p. 839, available at: www.cverdad.org.pe/ifinal/index.php. 81 Final Report of the CVR, 2003, Vol. VII, 2.72 The Torture and Murder of Rafael Salgado Castilla, p. 839, available at: www.cverdad.org.pe/ifinal/index.php. 82 Final Report of the CVR, 2003, Vol. VII, 2.72 The Torture and Murder of Rafael Salgado Castilla, p. 838, available at: www.cverdad.org.pe/ifinal/index.php. 83 Final Report of the CVR, 2003, Vol. VII, 2.72 The Torture and Murder of Rafael Salgado Castilla, p. 839, available at: www.cverdad.org.pe/ifinal/index.php. 84 Final Report of the CVR, 2003, Vol. VII, 2.72 The Torture and Murder of Rafael Salgado Castilla, p. 839, available at: www.cverdad.org.pe/ifinal/index.php.

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