87
acts of extreme violence of the so-called “Operative Transfer 1” were directed, in
first term, against the female inmates imprisoned in pavilion 1A of the Miguel Castro
Castro Prison (supra para. 197(20)). Later the forces were directed against pavilion
4B of the criminal center (supra para. 197(23), 197(24), and 197(31)), once the
female inmates started moving to that pavilion for protection, and that the inmates
of 4B starting helping them. At the time of the facts, high state authorities
considered that these women located in pavilion 1A were members of subversive
organizations and that determined, in great measure, the state’s actions.
223. When analyzing the facts and their consequences the Court will take into
account that the women that were affected by the acts of violence differently than
the men, that some acts of violence were directed specifically toward the women and
others affected them in greater proportion than the men. Different Peruvian and
international organizations have acknowledged that during the armed conflicts
women face specific situations that breach their human rights, such as acts of sexual
violence, which in many cases is used as “a symbolic means to humiliate the other
party.”126
224. It has been acknowledged that during domestic and international armed
conflicts the confronting parties used sexual violence against women as a means of
punishment and repression. The use of state power to breach the rights of women in
a domestic conflict, besides affecting them directly, may have the purpose of causing
an effect in society through those breaches and send a message or give a lesson.
225. In this regard, in its Final Report the Commission for Truth and Reconciliation
of Peru stated that in the armed conflict there was “a practice […] of rapes and
sexual violence mainly against women,” which “is attributable […] in first term to
state agents [… and] in less measure to members of the subversive groups.”
Likewise, the CVR stated that during the mentioned conflict the acts of sexual
violence against the women were intended to punish, intimidate, pressure, humiliate,
and degrade the population.
226. The Court has verified that different acts that occurred in the present case in
detriment of the women responded to the mentioned context of violence against
women in said armed conflict (infra paras. 306 through 313).
227. Based on that presented in this chapter with regard to the context in which
the events occurred and on the execution of the so-called “Operative Transfer 1”,
whose purpose was to endanger the life and integrity of the female and male
inmates that were imprisoned in pavilions 1A and 4B of the Criminal Center Castro
Castro, the Court considers as proven that in the present case there were multiple
factors that determine the seriousness of said events and that will be considered by
this Tribunal in the determination of the juridical consequences in the following
chapters on the alleged violations to the American Convention.
126
Cfr. U.N., Committee for the Elimination of Discrimination Against Women, 11º meeting period.
19 General Recommendation “Violence against women”. Doc. HRI/GEN/1/Rev. 1at84 (1994), para. 16;
U.N., Human Rights Commission, 57° meeting period 2001, Report of Mrs. Radica Coomaraswamy, Special
Raporteur on Violence against women, with inclusion of their causes and consequences, presented
pursuant to ruling 2000/45 of the Human Rights Commission, “Violence against women perpetrated and/
or condomned by the State in times of armed conficts (1997- 2000)”, E/CN.4/2001/73, para. 44; and
Ombudesman of the People of Peru. Defense Report No. 80, Political Violence in Peru: 1980-1986 a
rapprochement from the gender perspective, chapter IV, pages 34, 35, and 45.