11 outside world has caused some young conscripts to develop symptoms of mental illness that are generally genetic, such as psychosis, schizophrenia or depression, which they have never before manifested.”8 48. Although the Ombudsman’s Report recognized that the institutional policy of the Armed Forces was attempting to diminish the problems that resulted from an erroneous interpretation of the concept of military discipline,9 it also indicated that according to Notice No. 12009 MINDEF-K of January 25, 1999, the current Minister of Defense sent a communication to the General Commanders of the Army, the Marines and the Air Force indicating that despite the measures issued to avoid disciplinary infractions, instances of abuse of authority, etc., these events had increased significantly.10 49. For its part, the UN Committee Against Torture indicated as a cause of concern with regard to Peru in a report of 2006 that there continued to be “complaints from recruits who were performing military service related to torture and cruel treatment.” 11 1. Facts of the case 50. Valdemir Quispealaya Vilcapoma was born on August 13, 1978 in the district of Santa Rosa de Sacco, Yauli province, in the region of Junin.12 On November 14, 2000, Valdemir Quispealaya, who was then 22 years old, entered voluntarily and in optimal physical condition in the military base “December 9th” in the city of Huancayo to perform his military service, where after having passed the medical examination, he was sent first to the B Battalion (Buitres) in the city of Jauja to receive military training. Subsequently, he was sent to the “December 9th” military base, where he was assigned to the communications battalion No. 31 of Huancayo.13 According to Articles 4814 and 4915 of the Regulations 8 Annex 34. Ombudsman’s Report No. 42, “The right to life and personal integrity in the context of the performance of military service in Peru,” pp. 136-137. 9 Annex 34. Ombudsman’s Report No. 42, “The right to life and personal integrity in the context of the performance of military service in Peru,” p. 51. 10 Annex 34. Ombudsman’s Report No. 42, “The right to life and personal integrity in the context of the performance of military service in Peru,” pp. 52-53. 11 United Nations, Committee Against Torture, CAT/C/PER/CO/4 of July 25, 2006, para. 12. 12 Annex 3. RENIEC, Online consultation, details about citizen Valdemir Vilcapoma Quispealaya. Annex 1 from the petitioners’ communication of February 5, 2006. 13 Annex 1. Investigation 101(2)-2002, document signed by Angel R. Carpio Aquise, Provincial Criminal Prosecutor of the 2nd Criminal Prosecutor’s Office of Huancayo of September 20, 2002, to the Criminal Court on Duty of Huancayo. Annex to the State’s Report of November 4, 2005; Annex 2. Complaint presented by the Human Rights Commission (COMISEDH) for the comisión of the crime against the person-physical and psychological torture before the Office of Public Prosecutions, received by the Parties’ Roundtable of the Office of Public Prosecutions (Mesa de Partes de la Fiscalía de la Nación) on February 28, 2002. Annex 15 to the petitioners’ Communications of February 5, 2006. 14 Article 48. –Procedure of Qualification and Selection The Qualification and Selection of the recruits will take place at the time and place that they enlist, taking into account the following aspects: a. Physical and psychosomatic aptitude. b. Level of training. c. Criminal, judicial and/or police record. 15 Article 49. – The Selected Recruit.

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