87
246. In addition, the Court observes that senior authorities of the Peruvian Executive were
aware or should have been aware of the acts of which Gladys Espinoza was a victim. Indeed, the
Vice Minister of the Interior requested the DINCOTE to provide a “report on the possible illtreatment to which [Gladys Espinoza] was allegedly being subjected” and, consequently, on May
27, 1993, the DINCOTE issued Report No. 2074-D3-DINCOTE in which it referred to and
assessed all the statements made by Gladys Espinoza, and the medical examinations performed
on her. Attached to this report was a copy of the statements made by Gladys Espinoza up until
that date, as well as the medical reports on her condition available at the time. Nevertheless,
the report indicated that Gladys Espinoza “has not been subjected to physical ill-treatment […]
or sexual abuse.” 410
247. In this regard, the Court notes that no investigation whatsoever was opened into the said
facts between 1993 and 2004. On this point, in view of the fact that, when Gladys Espinoza’s
statements were received and the medical and psychological appraisals were made, the State
had already been advised of the torture, and even of sexual violence and rape and of the other
cruel, inhuman and degrading treatment to which she had been subjected, the Court finds that
the State should have taken the said statements and performed the said appraisals taking into
account that she was a possible victim of this type of human rights violations. Consequently, the
Court finds it necessary to define the scope of the State’s obligation to investigate in relation to
the said statements received from Gladys Espinoza and the respective physical and
psychological appraisals.
248. Thus, first, the Court considers that, with regard to the interviews of a person who states
that they have been subjected to acts of torture: (i) he or she should be allowed to describe
freely what they consider relevant, so that the officials should not merely ask questions; (ii) no
one should be required to speak of any form of torture if they are uncomfortable doing so; (iii)
the psychosocial history prior to the arrest of the presumed victim should be documented during
the interview, together with a summary of the facts narrated relating to the moment of the
initial arrest, the circumstances and the place, and the conditions while in State custody, the illtreatment or acts of torture presumably suffered, as well as the methods presumably used to
this end, and (iv) the detailed statement should be recorded and transcribed. 411 In cases in
which the alleged torture includes acts of violence or rape, the presumed victim must give their
consent to this recording. 412
249. In particular, the Court has indicated that, in interviews of a presumed victim of acts of
violence or rape, the statement should be made in a safe and secure environment that provides
privacy and instils confidence, and that the statement should be recorded in order to avoid or
limit the need for its repetition. 413 This statement should contain, with the consent of the
presumed victim: (i) the date, time and location of the assault, including a description of the
type of surface on which it occurred; (ii) the name, identity and number of assailants; (iii) the
nature of the physical contacts perpetrated; (iv) whether weapons or restraints were used; (v)
use of medication, drugs, alcohol or other substances; (vi) how clothing was removed, if
applicable; (vii) details of actual or attempted sexual activity against the presumed victim; (viii)
whether condoms or lubricants were used; (ix) whether there were any subsequent activities by
410
Report No. 2074-DR-DINCOTE issued by the DINCOTE on May 27, 1993 (evidence file, folios 1501 to 1503).
411
Cf. United Nations, Office of the High Commissioner for Human Rights, Istanbul Protocol (Manual on the
Effective Investigation and Documentation of Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment), New York and Geneva, 2004, paras. 100, 135 to 141.
412
Cf. World Health Organization, Guidelines for medico-legal care for victims of sexual violence, supra, inter
alia, pp. 34, 37, 96 and 97.
413
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 194, and Case of J. v. Peru, supra, para. 344.
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