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declared that he did not have any such type of recordings or subversive
propaganda.
He was then taken to the DINCOTE facilities and confined in a cell located in the
basement. He was held incommunicado for three days, during which his family
feared that he might have disappeared. He was interrogated about his work and his
family in the absence of a public prosecutor or his counsel. After being held
incommunicado for a further thirteen-day term, he was transferred to the Palace of
Justice, where he was beaten by police officers. He was then transferred to CastroCastro Prison. The witness was held in custody as an accused person from August
1991 to September 1994, when the government, under the pressure exerted by
congressmen, the press, and the witness’ next of kin, decided to prosecute him. He
was taken to the Palace of Justice, where a room had been built for the trial of the
inmates held in Castro-Castro Prison. In that room, the witness sat down behind a
tinted-glass wall and communicated with the Court hearing the case by means of a
microphone. His next of kin were not allowed to come into the room. Owing to
hearing problems, the witness did not understand the questions made by the
judge, whose voice had been distorted. His counsel was not allowed to repeat the
questions to his client. After a short hearing, the judge read out his decision. The
witness did not understand what the judge read out, and when he refused to sign
the record, he was threatened with a criminal action against him on the grounds of
obstructing justice. At the time he was being tried, the witness ignored what
charges had been brought against him until he was provided with a copy of the
decision convicting him.
Afterwards, the Constitutional Court (Tribunal Constitucional) rendered his trial null
and void. After fourteen years in custody, the witness and a co-defendant were
confronted at a hearing, after which supplementary statements were made in order
to conduct the investigation. The requests so that the witness’ detention be
replaced with his commitment to remain subject to the custody of the court were
dismissed, with the last dismissal dating October 19, 2004. In the new
proceedings, the witness was prosecuted under Article 322 of the Criminal Code,
whereas in the first criminal proceedings, the witness was prosecuted under Article
320 of said code.
While in custody, the witness was subjected to a permanent condition of
defenselessness. Police officers used to steal the inmates’ belongings and beat Mr.
Ramírez-Rojas. Furthermore, the witness suffered from health problems. He
suffered from a prostate condition requiring surgery. On the day the last
examination before surgery was to be conducted, around eighteen armed police
officers took him to the doctor’s office. The doctor, under the pressure of the Police
Chief Officer, decided to postpone surgery for thirty more days. On the next day,
he was transferred to Cajamarca Prison, where isolation was much stricter,
wherefore the witness lost all family contact.
Regarding reparations, the witness pointed out that the Inter-American Court
should take into consideration the pain and suffering experienced by his next of
kin, his feelings of isolation, and the abandonment of his son, who was three years
old at the time of his detention. His incarceration worsened the health condition of
his mother, who died some years after his detention. Furthermore, Mr. RamírezRojas’ professional career was affected by his detention and trial, which ruined both
his project to set up a consulting firm and his research work, on which he was
planning to write a book.
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