34
of the Judicial District of Puno: (a) on the first three dates, he requested copies of reports issued
by the prosecutors who intervened in the inspection that took place on August 5, 1999, at the
Yanamayo Maximum Security Prison in Puno; (b) on the fourth date, he asked that the head of
the Peripheral Central Archive of the Public Prosecution Service of Puno be requested to forward
certified copies of the reports issued by the prosecutors who intervened in the inspection that
took place in that prison on August 5, 1999. On November 16 153 and 27, 154 2012, and January
25, 2013, 155 the senior prosecutor of the Board of Prosecutors of Puno sent the following replies,
respectively: (a) he asked the prosecutor to indicate the number of the report he was
requesting, the prosecutors who had signed it, and their current location, and advised that he
had requested the Deconcentrated Archive and the Prosecution Units of the Public Prosecution
Service of the Judicial District of Puno to forward the information requested, “if it was available
in their offices”; (b) he advised that, with the entry into force of the new Code of Criminal
Procedure in October 2009, all the documentation prepared before that date had been sent to
the Peripheral Central Archive of the Public Prosecution Service of Puno, and not to the Board of
Senior Prosecutors of the Judicial District of Puno, and (c) he indicated that the said
documentation had not been located and only one document had been found relating to the
inspection of August 5, 1999, entitled “Record of Inspection,” which he forwarded. There is no
record that any further measures were taken in this regard.
93.
On April 27, 2012, the prosecutor asked: (a) the Peruvian Ombudsman for certified
copies of the annexes and/or documents in his archives related to the events described in the
Report on the Yanamayo Prison of August 25, 1999, 156 and (b) the Director of the National
Penitentiary Institute, for information on the inspection that took place on August 5, 1999, in the
Yanamayo Maximum Security Prison in Puno, as well as for information on the criminal record
and the prisons where Gladys Espinoza and the four women who were with her during this
inspection could be found. 157 In reply, on May 11, 2012, the Ombudsman advised that the
supervisory visit to the Yanamayo Prison had been made by the Peruvian Ombudsman at the
time and other officials, and therefore no record had been made and no documentation had
been received. 158 Meanwhile, on May 21 159 and 24, 160 2012, the National Penitentiary Institute
advised the prosecutor that it did not have the information requested, because it had only been
responsible for the Yanamayo Prison since 2005 and the National Police was in charge of all the
documentation prior to that date. It also forwarded the criminal record of the five women.
150
Cf. Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Board of
Prosecutors of Puno of May 7, 2012 (evidence file, folio 8177).
151
Cf. Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Board of
Prosecutors of Puno of October 18, 2012 (evidence file, folio 8616).
152
Cf. Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Board of
Prosecutors of Puno of December 26, 2013 (evidence file, folio 8809).
153
Note No. 10643-2012-MP-PJFS-DJ-Puno of the Board of Prosecutors of Puno to the Third Supra-provincial
Criminal Prosecutor, of November 16, 2012 (evidence file, folios 8689 and 8690).
154
Cf. Note No. 11122-2012-MP-PFSP-DJ-Puno of the Board of Prosecutors of Puno to the Third Supra-provincial
Criminal Prosecutor, of November 27, 2012 (evidence file, folios 8773 to 8778).
155
Cf. Note No. 184-293-MP-PJFS-DJ-Puno of the Board of Prosecutors of Puno to the Third Supra-provincial
Criminal Prosecutor, of January 25, 2013 (evidence file, folios 8880 to 8885).
156
Cf. Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Ombudsman
of April 27, 2012 (evidence file, folio 8088).
157
Cf. Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the National
Penitentiary Institute of April 27, 2012 (evidence file, folios 8090 and 8091).
158
Cf. Note No. 0137-2012-DP/ADHPD-PAPP of the Ombudsman to the Third Supra-provincial Criminal
Prosecutor of May 11, 2012 (evidence file, folio 8142).
159
Cf. Note No. 379-2012-INPE/24.07 of the National Penitentiary Institute to the Third Supra-provincial
Criminal Prosecutor of May 21, 2012 (evidence file, folio 8144).
160
Cf. Note No. 05692-2012-INPE/13-AJ of the National Penitentiary Institute to the Third Supra-provincial
Criminal Prosecutor of May 24, 2012 (evidence file, folios 8154 to 8171).
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