42
were available at the prison.61 The isolation imposed on Wilson García-Asto due to the
distance at which the penitentiary was located and the difficulties in reaching the
region prevented the alleged victim from having regular contact with his next of kin
and from receiving specialized medical care in case of emergency.62
97(57) On April 4, 2002 the Inter-American Commission adopted precautionary
measures on behalf of Wilson García-Asto in order to avoid irreparable physical
damage thereto, as he had prostate problems, had not been given any medical
treatment, and since he was transferred to Challapalca Prison, his “condition h[ad]
worsened due to the l[ack] of medical staff at that penitentiary.”63
97(58) On August 21, 2002 Wilson García-Asto was transferred to La Capilla Prison,
located in the city of Juliaca, so that he may be given medical care.64
97(59) On December 17, 2002 Wilson García-Asto was moved to Castro-Castro Prison,
where he was kept until he was released.65
Regarding Wilson García-Asto’s next of kin
97(60) When Wilson García-Asto was arrested, he lived with his parents. Wilson
García-Asto’s parents were Celia Asto-Urbano and Napoleón García-Tuesta. His sister is
Elisa García-Asto and his brother is Gustavo García-Asto.66
97(61) The prolonged detention suffered by Wilson García-Asto and the proceedings to
which he was subjected affected his conduct.67 In addition, among other consequences
suffered by Wilson García-Asto as a result of the foregoing are astigmatism, prostate
syndrome, and sleep disturbances.68
61
Cf. IACHR, report on the situation of human rights at Challapalca Prison, Department of Tacna,
Republic of Peru, OAS/Ser.L/V/II.118. Doc. 3 of October 9, 2003 (case file of appendixes to the brief of
requests and arguments, volume 1, appendix 5, page 1745).
62
Cf. Statement given by Wilson García-Asto before the Inter-American Court of Human Rights on
May 10, 2005; and IACHR, report on the situation of human rights at Challapalca Prison, Department of
Tacna, Republic of Peru, OAS/Ser.L/V/II.118. Doc. 3 of October 9, 2003 (case file of appendixes to the brief
of requests and arguments, volume 1, appendix 5, page 1739).
63
Cf. Communication of the Inter-American Commission of April 4, 2002, wherein precautionary
measures were adopted on behalf of Wilson García-Asto (case file of appendixes to the application, volume
3, appendix 65, page 1199).
64
Cf. Statement given by Wilson García-Asto before the Inter-American Court of Human Rights on
May 10, 2005; and affidavit made by Celia Asto-Urbano on April 5, 2005 (case file of affidavits and
comments thereon, page 5955).
65
Cf. Certificate of criminal record of Wilson García-Asto issued by the National Penitentiary Institute
(Instituto Nacional Penitenciario) on April 11, 2005 (case file on the merits, volume IV, page 869).
66
Cf. Affidavit made by Celia Asto-Urbano on April 5, 2005 (case file of affidavits and comments
thereon, page 5948).
67
Cf. Testimony given by Wilson García-Asto on the consequences resulting from the facts described
in the instant case (case file of appendixes to the brief of requests and arguments, volume 2, appendix 37,
pages 1964 to 1965); and psychological report of Wilson García-Asto of September 15, 2004 (case file of
appendixes to the brief of requests and arguments, volume 2, appendix 42, page 2000).
68
Cf. Testimony given by Wilson García-Asto regarding the consequences resulting from the facts
described in the instant case (case file of appendixes to the brief of requests and arguments, volume 2,
appendix 37, pages 1964 to 1965); and psychological report on Wilson García-Asto of September 15, 2004
(case file of appendixes to the brief of requests and arguments, volume 2, appendix 42, page 2002).
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