36
1.
2.
TO INCORPORATE [this decision] into the operative paragraphs of the decision of March 31, […] thus,
establishing the criminal proceedings for the aggravated crime of abduction contained in paragraph (1) of article
152 of the Criminal Code against [two persons]; and,
TO EXCLUDE [one person] from the criminal proceedings for the crime of abduction: basic definition contained
in article 152 of the Criminal Code. 169
B.4.4. Criminal complaint and its processing
98.
Criminal complaint. On April 30, 2014, the prosecutor of the Third Supra-provincial
Criminal Prosecution Unit filed a criminal complaint before the sitting National Criminal Court of
Lima, as follows: 170
a) Against seventeen individuals as presumed co-perpetrators of the crime “against liberty:
abduction” contained in the first paragraph of article 152 of the Criminal Code (basic
definition) in the original text. Of these only ten people were also accused of the
aggravating factor contained in subparagraph (1) of this article, with the additional
classification of the crime of abduction contained in article 152 of “crime against
humanity” under international criminal law.
b) Against one person as presumed perpetrator by omission of the crime of “rape” defined
and penalized in article 170 of the Criminal Code, also classifying this as a “crime against
humanity,” to the detriment of Gladys Carol Espinoza Gonzáles.
c) Against one person as presumed perpetrator by omission of the crime “against humanity:
torture” contained in the first paragraph of article 321 of the Criminal Code, to the
detriment of Gladys Carol Espinoza Gonzáles.
99.
Indictment. On May 20, 2014, the First National Criminal Court issued the indictment
instituting the criminal action as follows:
Against: [seven persons] as presumed co-perpetrators of the crime against liberty: abduction contained in the first
paragraph of article 152 of the Criminal Code - basic definition (original text) to the detriment of Gladys Carol
Espinoza Gonzáles; against: [ten persons], as presumed co-perpetrators of the crime against liberty: abduction
contained in the first paragraph of article 152, subparagraph (1) of the Criminal Code (original text), to the
detriment of Gladys Carol Espinoza Gonzáles; against: [one person] as presumed perpetrator by improper omission
(perpetration by omission) of the crime of rape contained in article 170 of the Criminal Code, to the detriment of
Gladys Carol Espinoza Gonzáles; and against: [one person] as presumed perpetrator by improper omission
(perpetration by omission) of the crime against humanity: torture, contained in the first paragraph of Article 321 of
the Criminal Code, to the detriment of Gladys Carol Espinoza Gonzáles. 171
100. Lastly, in this indictment, the judge of the case ordered several judicial procedures to be
carried out “for the due clarification of the acts that had been denounced.”
VIII
MERITS
101. It has been argued that the proven facts in the case constitute violations of several rights
and obligations recognized in the American Convention and the Inter-American Convention to
Prevent and Punish Torture, in relation to the obligation to respect and to ensure rights:
a) Right to personal liberty (section VIII.1);
169
Expansion of the ruling on merits of the Third Supra-provincial Criminal Prosecution Unit of April 3, 2014
(evidence file, folio 12536).
170
Cf. Criminal complaint filed by the prosecutor of the Third Supra-provincial Criminal Prosecution Unit on April
30, 2014 (evidence file, folios 12537 to 12539).
171
12618).
Indictment issued by the First National Criminal Court on May 20, 2014 (evidence file, folios 12617 and
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