41
73(52) On September 24, 2004, the National Terrorism Chamber issued a
decision confirming the decision of July 8, 2004, ordering the detention order
to be changed to one of conditional appearance (supra para. 73(47)),
considering that “it is evident that the evidence that led to the detention order
against [Mrs. De La Cruz Flores] has decreased considerably.”86
With regard to the detention of Mrs. De La Cruz Flores
73(53) María Teresa De La Cruz Flores was detained in the Chorrillos
maximum security Women’s Prison from 1996 until her release on July 9,
2004.87
73(54) During her detention, Mrs. De La Cruz Flores suffered from various
physical ailments for which she received inadequate medical care. For
example, when she entered the prison she had diarrhea and fever, and was
only treated two weeks after presenting the symptoms.88 Currently, she has
osteopenia, and her vision has decreased notably. Other ailments suffered
during her detention included: gastric dyspepsia, anemia, menopause,
rheumatoid arthritis, urinary tract infection, refractive defects, tonsillitis,
pharyngo-tracheitis, neuritis, dysfunctional uterine hemorrhage, endometrial
polyp, endometrial hyperplasia, bilateral mastoiditis, allergic rhinitis, and
chronic arterial hypotension.89
73(55) For the first month, the alleged victim was incommunicado, could not
see her lawyer or her family and could not change her clothes. Also, for the
first year of her detention, she was in continuous solitary confinement, the
visits she could receive were extremely restricted (for example, her children
could only visit her every three months and in the locutorio), and she could
only go out into the exercise yard for half and hour each day.90
86
Cf. decision issued by the National Terrorism Chamber on September 24, 2004 (file on merits,
reparations, and costs, tome V, folios 1537 to 1540).
87
Cf. attestation on imprisonment issued on July 8, 2004, by the PNP Colonel, Director of the
Chorrillos maximum security Women’s Prison (file of appendixes to the final written arguments, appendix
2 to the final written arguments presented by the alleged victim’s representative, folio 1115); certification
of release from prison issued on July 9, 2004, by the PNP Colonel, Director of the Chorrillos maximum
security Women’s Prison (file of appendixes to the final written arguments, appendix 2 to the final written
arguments presented by the alleged victim’s representative, folio 1114); sworn written statement made
by María Teresa De la Cruz Flores on May 28, 2004, before notary public (file of appendixes to the brief
answering the application and affidavits, folios 808 to 818); and testimony of Álvaro Eduardo Vidal
Rivadeneyra before the Inter-American Court on July 2, 2004.
88
Cf. sworn written statement made by María Teresa De la Cruz Flores on May 28, 2004, before
notary public (file of appendixes to the brief answering the application and affidavits, folios 808 to 818).
89
Cf. Medical report No. 011-03/INPE-232-ASP prepared by the Assistant Physician of the Prison
Health Unit of the Chorrillos maximum security Women’s Prison (file on merits, reparations, and costs,
tome III, folio 953).
90
Cf. sworn written statement made by María Teresa De la Cruz Flores on May 28, 2004, before
notary public (file of appendixes to the brief answering the application and affidavits, folios 808 to 818);
and testimony of Álvaro Eduardo Vidal Rivadeneyra before the Inter-American Court on July 2, 2004.
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