82 or persons that acted under its acquiescence. In its final report of 2003 the CVR dedicated a section to the events occurred in the Miguel Castro Castro Prison titled “Extrajudicial killings in the criminal center of Canto Grande (1992).” In what refers to the context present in May 1992, that stated by the CVR is illustrative in the sense that as of the coup d’état of April 5, 1992, and with the objective of fighting subversive and terrorist groups, the State implemented in the prisons practices that were not compatible with the effective protection of the right to life and other rights, such as extrajudicial killings and cruel and inhuman treatments, as well as the “disproportionate use of strength in critical circumstances.” Regarding a more general context CVR also stated that as of the coup d’état of April 5, 1992 a regimen de facto that suspended the democratic institutionality of the country through an open intervention in the Judicial Power, in the Constitutional Court, in the Public Prosecutors’ Office, and in other constitutional bodies was established. The action of governing was done through decree through the so-called “Government of Emergency and National Reconstruction”, which concentrated for a brief period of time the State’s executive and legislative functions, neutralizing in the practice political and judicial control over its actions. 206. It is also necessary to point out that in the mentioned final report of the CVR it was analyzed that, within this context of violations to human rights during the internal conflict, women were affected by the violence differently than men. In its report the CVR included a specific chapter on sexual violence against women and it also referred to the situation lived by the mothers detained in penitentiaries. Likewise, in said report it concluded that during the internal conflict and based on it, state agents were responsible for approximately 83% of the cases of sexual violations against women. 207. Similarly, another State act of acknowledgment of the gross breaches to human rights that occurred in the period between May 1980 and November 2000 was the enactment by the Peruvian Congress of Law No. 28592 of July 20, 2005, which “seeks to establish the Legal Framework of the Comprehensive Plan for Reparations –PIR for the victims of the violence occurred during [said] period,” in order to follow the recommendations of the CVR. 208. It is also convenient to point out that the Ombudsman of the People of Peru has referred in several reports to said context, and he has followed up on the process of reparation of the victims of the violence of said time and, specifically, he has gone on record regarding the form in which the accusations for said violations to human rights have been investigated.123 209. The domestic investigation that should have been carried out regarding the facts of this case was affected by the prevailing situation of impunity in the Peru of that time of gross breaches to human rights. Recently, thirteen years after those events occurred, on June 16, 2005 a court opened a criminal proceeding corresponding to the investigation of the events that occurred in the Criminal Center Castro Castro between the 6 and 9 days of May 1992, aspects that will be analyzed in the chapter on the alleged violation to Articles 8 and 25 of the Convention (infra paras. 373 through 408). Almost three months ago it was ordered that the preliminary proceedings commence in an ordinary criminal proceeding against 123 Cfr. Ombudsman Report Nº 97, “Two years after the Commission for Truth and Reconciliation”, September 2005.

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