13
result, Mr. Quispealaya went to the base infirmary where Dr. Chang treated him.21 They report that
when Dr. Chang established the seriousness of the injury, she ordered him to tell her the circumstances
under which they had occurred and who had caused them, to which Mr. Quispealaya replied that it had
been an accident, as he feared that if he told the truth, noncommissioned officer Hilaquita would take
reprisals against him.22 They state that Mr. Quispealaya also gave the same version of the events to the
psychologist at the base.23
55.
The petitioners also reported that because the medical examinations practiced on Mr.
Quispealaya confirmed the seriousness of his state of health, he was transferred from the
Communications Battalion to the mess-hall (ranchería) and ordered not to strain himself physically.24
They indicated that while he performed his duties at the mess-hall (ranchería), Mr. Quispealaya fainted
one day due to a high fever and had to be transferred to the infirmary, where he was admitted in critical
condition.25 Furthermore, they reported to the Attorney General on February 28, 2002 that while he
was admitted, Major EP Mendoza decided to grant him medical leave and ordered noncommissioned
officer Technician Muquiyata to ask Mr. Quispealaya’s mother, Victoria Vilcapoma Taquia, to pay a fee
for a medical certificate in order to proceed with the medical leave for physical incapacity.26 They
indicate that in response to this request, Ms. Victoria Vilcapoma tried to speak to the military officials to
find out more about her son’s state of health, but noncommissioned officer Juan Hilaquita Quispe
prevented her from entering, and she could only meet with Commander Torres, whom she told what
had happened.
56.
They stated that Mr. Quispealaya, when he discovered that the noncommissioned
officers were preparing a file to grant him medical leave, he went to the infirmary after completing his
guard duty on June 29, 2001 and spoke with Dr. Chang, telling her that it had been noncommissioned
21
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.
22
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.
23
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.
24
Annex 2. Complaint presented by the Human Rights Commission (COMISEDH) for the commission 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.
25
Annex 2. Complaint presented by the Human Rights Commission (COMISEDH) for the commission 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.
26
Annex 2. Complaint presented by the Human Rights Commission (COMISEDH) for the commission 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.