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106.
The IACHR notes that the State has not presented copies of any arrest warrant in force
as of April 17, 1993, and that none of the criminal judgments handed down against Gladys Carol
Espinoza, by either the military or civilian courts, refer to any such warrant. At the same time, the
Peruvian State has acknowledged that Gladys Carol Espinoza was detained while “emergency legislation
against terrorism, which allowed for the warrantless arrest of those suspected of treason against the
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fatherland,” was in force.
107.
The conviction handed down by the National Terrorism Chamber on March 1, 2004,
refers to a personal search report but does not indicate the police section that carried it out. A reading of
the judgment indicates that the document in question does not contain the signature of the detainees
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Gladys Carol Espinoza and Rafael Salgado Castilla. The IACHR notes that the Peruvian State did not
provide it with a copy of the personal search report referred to in the judgment of March 1, 2004.
108.
In light of the above considerations, the IACHR has no evidence to indicate that Gladys
Carol Espinoza was arrested in flagrante delicto and it takes as established that the detention was carried
out in the absence of an arrest warrant.
3.
The incommunicado detention of Gladys Carol Espinoza and her presentation to a
judicial authority eighty days after her arrest
109.
After being taken into custody on April 17, 1993, Gladys Carol Espinoza remained at the
premises of the DIVISE until April 19, 1993, when she was taken to the National Antiterrorism Directorate
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(DINCOTE) in Lima. On April 22, 1993, members of the DINCOTE and a prosecutor from the 14th
Provincial Criminal Prosecutor’s Office of Lima conducted a search of the home of the victim’s mother,
Mrs. Teodora Gonzales Vda. de Espinoza. On April 23 of that year, a police officer appeared on his own
initiative at Mrs. Teodora Gonzales’s home and informed her that her daughter was at the DINCOTE
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police station, in a poor state of health.
110.
Mrs. Teodora Gonzales went to the DINCOTE offices, where she was initially informed
that her daughter had not been arrested. Later, a major from the National Police called Sarmiento
confirmed that Gladys Carol Espinoza was at the DINCOTE but said that she was to remain under
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medical observation for 15 days, during which time she would not be able to receive visits.
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Communication from the Peruvian State, dated October 15, 2010, received by the IACHR on that same date, Report
No. 295-2010-JUS/PPES, p. 2, para. 3.
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Annex 14: Judgment of the National Terrorism Chamber of March 1, 2004, File No. 509-03, p. 8, which states that the
report of personal inspection and seizure indicated that “a bag containing a voice distorter, a grenade, a beeper communication
device, and a notebook (…) with various entries, with the report unsigned by the detainees” (emphasis added) was found in the
possession of Rafael Salgado Castilla and Gladys Carol Espinoza Gonzales or Victoria Romero Salazar; enclosed with the
petitioners’ communication of September 14, 2010, and received by the IACHR on that same date.
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Annex 5: Report No. 259-DINTO-DINCOTE, June 3, 1993, signed by National Police Colonel Oscar E. Chávez
Ferreyros, para. 2.a.
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Annex 15. Newspaper article from La Nación, edition of April 30, 1993, headlined APRODEH confirms: Detainee died in
DINCOTE cell; enclosed with the initial petition of May 6, 1993, and received by the IACHR on May 10 of that year. See also:
undated communication from the petitioners, received by the IACHR in January 1999, p. 3. That document is signed by Mrs.
Teodora Gonzales Vda. de Espinoza and it indicates that
At 8 p.m. on Friday April 23, a scared but human police officer, affected by my daughter’s suffering, came to my
home and told me, hurriedly, that my daughter had been arrested on April 17, that she was in a serious state of health,
that she had catheters attached to her, and that was when we learned about her arrest and the seriousness of her
physical condition. When we went to the local police station on Av. Spain, they first denied my daughter had been
arrested (…).
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Annex 16 (a): Complaint filed by Mrs. Teodora Gonzales Vda. de Espinoza with the 14th Special Prosecutor’s Office for
Terrorism, stamped received on April 26, 1993; (b) Complaint filed by the APRODEH organization with the Supreme Criminal
Prosecutor in charge of the special prosecutions unit of the Office of the People’s Defender, stamped received on April 28 1993; (c)
Complaint filed by the APRODEH organization with the Attorney General, stamped received on April 28 1993; documents enclosed
with the initial petition of May 6, 1993, and received by the IACHR on May 10 of that year, and petitioners’ communication of
September 14, 2010, received by the IACHR on that same date.