46
instigation, like a cruelty against their next of kin, especially their mothers, and also
against the victims, who “were suffering with the thought of the suffering of their
mothers and other relatives.”
On the following days the “collective torture” continued. The inmates evaluated
remained in the area called “no man’s land” without receiving food or water, without
moving, without being allowed to use the bathroom. Upon their return to the
pavilion, some inmates were kept incommunicado for five months and they received
additional punishments, such as the one that consisted in putting up to 20 prisoners
in a room of approximately 2 meters by 2 meters, where they could not sit or lie
down, with a hole on the ground for a bathroom. During the following days and
months the inmates received other mistreatments and they were submitted to
psychological torture, through: the prohibition to work, read, and go to the
courtyard; the obligation to remain in their cells 23 hours and a half per day; and the
prohibition to receive visits. All these measures put the prisoners in a very stressful
state, the interrupted their rhythm of life, and states of anxiety and despair were
caused due to the lack of capacity to modify or prevent or be affected by these
measures.
The treatment inflicted on the next of kin of the inmates also constitutes torture,
since they were victims of beatings, tear gases, bombs, and gunshots of the Armed
Forces. They were humiliated by being called relatives of “terrorists”. They had to
witness the destruction of their loved ones, and they were submitted to the horrible
experience of looking for their relatives’ bodies in a pile, dismembered, bleeding, or
en decomposition. They were also submitted to intimidations if they denounced or
alleged their rights with the government, and for five months they were denied
information and contact with the survivors of the events.
The victims have suffered an accumulation of traumas, reason for which the
psychological damage is deeper and longer lasting. The diagnosis that corresponds to
similar experiences is that of “complex post-traumatic stress”. The passing of time
did not have a healing effect on any of those interviewed that continue in a posttraumatic pathological process. “The impunity factor contributes significantly in
preventing a recovery.”
B)
TESTIMONIAL EVIDENCE AND EXPERT ASSESSMENT
187. On the 26th and 27th days of June 2006 the Court received the statements of
the witnesses proposed by the Inter-American Commission on Human Rights, the
State, and the common intervener in a public hearing (supra para. 93), as well as
the opinion of the experts proposed by the common intervener. Below, the Tribunal
summarizes the main parts of said statements and expert opinions.
Statements
a)
Proposed by the Inter-American Commission
1.
Gaby Balcazar Medina, alleged victim
She was imprisoned on the second floor of pavilion 1A in the Criminal Center Castro
Castro, along with approximately 100 other inmates. Only the inmates accused of
terrorism were located in pavilions 1A (women) and 4B (men) of the criminal center