26
Court has stated that statements by the victims must be assessed in the context of the evidence at trial as
a whole, “since they […] can provide additional information on the alleged violations and their
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consequences.”
123.
The IACHR notes that Gladys Carol Espinoza’s statements contain mutually consistent
narratives that describe deliberate acts of violence by police officers. Although her narratives vary in
terms of the sequence of events and the locations where she was held, Dr. Carmen Wurst’s expert
assessment notes that during her interviews of the victim,
recollections of dates and the sequence of events were not entirely accurate. That is normal among
victims of torture and rape because the very intent of such acts is to confuse and disorient the
victim. Thus, the fact that she does not exactly remember the details supports her claim to have
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suffered torture.
124.
Thus, in examining the credibility of statements from victims who have suffered such
traumatic episodes as rape, the Inter-American Court has ruled that “it is not unusual for narratives of
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incidents of this kind to contain certain aspects that might be considered, a priori, inconsistencies.”
125.
According to the Peruvian State, Gladys Carol Espinoza’s claims regarding the violation
of her physical integrity are an attempt to avoid her responsibility for the crime of terrorism, for which she
was convicted. On this point, the IACHR notes that its task is not to rule on Ms. Espinoza Gonzales’s guilt
or innocence and reiterates that the facts in the case at hand do not include any possible violations of the
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American Convention arising from the criminal proceedings brought against her.
(b)
The context behind the victim’s narrative
126.
The facts that Ms. Espinoza Gonzales narrates are typical of the widespread torture and
sexual violence used in police interrogations during Peru’s internal armed conflict. The IACHR notes that
several of the episodes she describes agree with the modus operandi used by the police at the time,
including the victim’s violent arrest and blindfolding, her transfer to a detention center, and the fact that
some of her assailants had been drinking. Similarly, the physical attacks described by Gladys Carol
Espinoza agree with the methods used at DINCOTE facilities and other police detention centers: physical
exhaustion, blindfolding, insults and threats against detainees and their loved ones or associates, blows
to sensitive parts of the body, stretching, and plunging into tanks of noxious liquid.
127.
Several elements that Ms. Espinoza Gonzales describes are in line with the pattern of
sexual violence followed during police interrogations at the time of counterinsurgency effort, particularly at
facilities belonging to the DINCOTE in Lima: insults, groping, stripping, and insertion of objects into the
vagina and anus. As with the victim in the case at hand, other witnesses who gave testimony to the CVR
stated they were sexually abused by the medical examiners who examined them after they had been
tortured and raped by DINCOTE agents.
128.
In addition to the general context of torture and sexual violence during interrogations of
people suspected of belonging to insurgent groups, the IACHR notes that Gladys Carol Espinoza was
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I/A Court H. R., Case of Rosendo Cantú et al. v. Mexico, Preliminary Objection, Merits, Reparations, and Costs,
Judgment of August 31, 2010, Series C No. 216, para. 52, citing: Loayza Tamayo Case, Judgment of September 17, 1997, Series C
No. 33, para. 43; Case of Chitay Nech et al. v. Guatemala, Preliminary Objections, Merits, Reparations, and Costs, Judgment of
May 25, 2010, Series C No. 212, para. 56; and Case of Manuel Cepeda Vargas v. Colombia, Preliminary Objections, Merits,
Reparations, and Costs, Judgment of May 26, 2010, Series C No. 213, para. 65.
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Annex 10: Audio of the hearing on Case 11.157, held on October 23, 2008, during the IACHR’s 133rd regular session;
address by expert Carmen Wurst, at 10’23’’ to 10’55’’ in the audio recording.
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I/A Court H. R., Case of Rosendo Cantú et al. v. Mexico, Preliminary Objection, Merits, Reparations, and Costs,
Judgment of August 31, 2010, Series C No. 216, para. 91; and Case of Fernández Ortega et al. v. Mexico, Merits, Reparations, and
Costs, Judgment of August 30, 2010, Series C No. 215, para. 104.
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See paragraph 56 above.