112
gases, splinters, grenades, bombs, and the falling of debris during the four days the
attack lasted. Regarding the type of injuries suffered by the inmates, the expert
witness Peerwani stated that they were “strange wounds”, among which there were
“chafing made with firearms, injuries on their feet, legs, extremities, and other
uncommon angles,” as well as on their backs and extremities. In the expert’s
opinion, this type of injuries put in evidence that the shots were fired randomly, in
an arbitrary manner, reason for which the inmates made an effort to dodge the
bursts directed at them (supra para. 187).
285. All the inmates faced additional conditions of infliction during those four days,
such as the deprivation of food, water, electricity, and medical attention.
286. In his expert opinion, the expert witness Deutsch pointed out that the
inmates experimented “intense psychological and emotional suffering due to the fact
that the injured did not receive attention and […] they had to witness [said] situation
helplessly.” (supra para. 186)
287. According to the expert opinions offered in these proceedings and the
statements presented, the male and female inmates that lived the attack in May
1992 still suffer serious psychological consequences. The expert witnesses Deutsch
and Quiroga stated that the psychological consequences of the attack correspond to
post traumatic stress syndrome.
288. The Court considers that the inmates that survived the attack experimented
psychological torture due to the constant threats and the real danger generated by
the state’s actions, which could result in their death and serious injuries to their
physical integrity.
289. It is also important to point out that the body of the inmate Julia Marlene
Olivos Peña presented “clear signs of torture” (supra para. 197(38)). This
circumstance shows the extreme violence with which the state’s agents acting during
the “operative”.
290. The attack started against the women’s pavilion 1A of the Miguel Castro
Castro Prison. The inmates that were located in that pavilion, including the ones that
were pregnant, were forced to run from the attack directed to pavilion 4B. This
transfer was especially dangerous due to the aforementioned conditions of the
attack; the inmates suffered various injuries. A piece of information that shows the
extreme conditions in which the attack was carried out was that the prisoners had to
crawl on the ground, and climb over dead bodies, in order to avoid being hit by the
bullets. This circumstance was especially serious in the case of the women who were
pregnant who had to crawl over their stomach.
291. These characteristics of the attack lived by the inmates, who witnessed the
death of their prison mates and saw injured pregnant women crawling on the floor,
generated, as was described by the witness Gaby Balcázar, “a climate of despair
among the women,” in such a way that they felt they were going to die. In the same
sense, the expert witness Deitsch concluded that during the four days of the attack
“[t]he inmates remained with the fear that they were going to die[, which] caused an
intense psychological and emotional suffering.”
292. It is important to clarify that the evidence provided to the Court and from the
statements given by the inmates one can conclude that the pregnant inmates were