19
of kin received adequate psychological or medical care, when they should
have received support and treatment for rehabilitation as torture victims.
Lucy Gómez Paquiyauri’s situation was extremely severe and dangerous. She
was a minor when she was affected by those intolerable facts, suffering the
persecution and stigmatization of the family. Furthermore, she was arrested
when she was sixteen years old. She was beaten, put into a car –just like her
brothers-, blindfolded, and feared that she was going to be murdered. They
also threatened her saying that they would throw her from a helicopter or that
she would be stripped and beaten. Then, she remained in prison four years;
the first part of this time she was in a maximum security prison.
The parents of the alleged victims have also undergone a
“extreme psychological stress.” No one aided them; however,
they were very poor, they courageously filed a complaint
happened and due to this they were persecuted. They lived in
struggle.
situation of
even though
about what
a continuous
One aggravating circumstance in this case is the fact that nothing has been
done to render justice; quite the contrary, they were persecuted and labeled.
Another aggravating circumstance is the fact that the alleged victims were
minors, children of fourteen and seventeen.
Victims of torture must receive compensation for the suffering and pain,
taking into account the special nature of the trauma. Article 41 of the United
Nations Convention against Torture explains how to rehabilitate and help
torture victims, and this is a duty of the States. It is important for impunity
not to continue prevailing, for those who commit torture to be punished. It is
impossible to attain rehabilitation of the victims while there is impunity. On
the other hand, due to the stigmatization suffered, the State must provide an
explanation and clarify that it was not the truth and that the children were not
terrorists. This would also mean much for the family to be safer, both
themselves and Rafael’s daughter. It would be important to return to the
family the two children who are still in prison and whom they have not seen
for a long time; who were tried by faceless judges and were kept in custody
without a trial for a long time. Finally, there is a need for medical and
psychological rehabilitation of the next of kin of the alleged victims.
Financial compensation must cover work capacities and lost earnings. The
alleged victims were young and intelligent and, in fact, they already worked
and had many responsibilities within the family. They would have had good
jobs and earned a lot of money.
i.
Expert opinion of Hans Petter Houguen, an expert in forensic
pathology
He is the vice-Chair of the Forensic Pathology Department at the University of
Copenhagen, Denmark, and he has collaborated with Amnesty International
and with the United Nations. He is also an ad hoc expert of the British Home
Office.
He had access to the protocols of the autopsies conducted by the Forensic
Medicine Institute of the Public Prosecutors’ Office of the Republic of Peru, of