65
169. In this regard, on October 5, 2008, the psychologist Carmen Wurst de Landázuri issued a
report on the psychological and psychiatric appraisals made of Gladys Espinoza previously, in
which she concluded that “[t]he clinical evaluation, supported by the medical examinations that
appear in the case file, is conclusive in finding that Gladys has suffered torture and rape and
that, this is not a case of simulation, as has been suggested in the appraisals made by the Public
Prosecution Service.” 307 The psychologist also indicated that “[t]he dates, the sequence of
events, and the places during the detention are not recalled precisely by the person evaluated;
this is understandable and only to be expected, because the methods of torture sought, in
particular, to cause confusion and disorientation in the detainee; in addition, the protective
system deployed by the person evaluated during the torture, which consisted in losing
consciousness (fainting), and depersonalization (sensation of dividing oneself into two) […]
prevented her from recalled this information precisely […].” 308
170. Similarly, on January 7, 2014, the specialized team of the Forensic Clinical Examinations
Division of the Institute of Forensic Medicine performed a Protocol for the investigation of torture
or cruel, inhuman or degrading treatment which is recorded in Forensic report No. 76377-2013DCH-T, in which it was concluded that: “1.a. There is a strong relationship; the injuries (scars)
may have been caused by the traumas described [by the presumed victim], and by very few
other causes; b. In the anal and genital region, this is typical; these are the signs that are
normally found with this type of trauma,” 309 referring to the trauma derived from torture.
171. Lastly, in an affidavit dated March 26, 2014, the psychologist Ana Deutsch submitted to
the Court an expert opinion on a psychological appraisal made on Ms. Espinoza in July 2012, in
which Ms. Deutsch determined that she “reveals chronic signs of post-traumatic stress (PTS)
accompanied by symptoms of depression with a history of anxiety and panic disorder associated
with her PTS. Her chronic symptoms are related to the traumatic experiences suffered at the
time of her capture, aggravated by the prolonged incarceration and by the repetition of
traumatic experiences and psychological abuse.” Ms. Deutsch added that Ms. Espinoza also
suffers from major depression and panic attacks, and concluded that “she requires psychological
treatment; the severity of the torture to which she was subjected has left far-reaching effects.
Even though she has a strong personality and struggles not to let herself be overcome
psychologically and to avoid total deterioration, the tortures were vicious, and it is impossible to
overcome the effects [only] by her strength of will; she requires professional care.” 310
172. Based on all the above, the Court finds that the examinations and psychological
appraisals conducted on Ms. Espinoza in 2003, 2004, 2008, 2012 and 2014, as well as those
carried out in 1993 (supra paras. 165 to 171), are consistent with her allegations as regards
what happened at the time of her arrest and on the premises of the DIVISE and the DINCOTE in
April and May 1993.
B.2.5. Testimony of witnesses
173. The case file contains the testimony of Manuel Espinoza, the presumed victim’s brother,
and of Lily Cuba, who was in the DINCOTE at the same time as Gladys Espinoza immediately
after the torture presumably perpetrated against her.
307
Cf. Report on the psychological and psychiatric appraisals made by Carmen Wurst de Landázuri on October 5,
2008 (evidence file, folio 1552).
308
Cf. Report on the psychological and psychiatric appraisals made by Carmen Wurst de Landázuri on October 5,
2008 (evidence file, folio 1548).
309
Cf. Protocol for the investigation of torture or cruel, inhuman or degrading treatment received on January 14,
2014, by the Supra-provincial Criminal Prosecutor (evidence file, folio 12259).
310
Affidavit dated March 26, 2014, with the expert opinion of the psychologist Ana Deutsch (merits file, folios
934 and 940).
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