106
must be conducted by officials with experience in similar cases and in attention to victims of
gender-based discrimination and violence. Furthermore, it must be ensured that those in charge
of the investigation and the criminal proceedings, as well as, when appropriate, other persons
involved such as witnesses, experts, or members of the victim’s family, have due guarantees for
their safety. Likewise, since a gross violation of human rights is involved, because torture was a
generalized practice in the context of the conflict in Peru, the State must abstain from using
mechanisms such as amnesty to benefit the perpetrators, or any other similar provision, such as
prescription, non-retroactivity of the criminal law, res judicata, ne bis in idem or any other
similar extenuating circumstance in order to evade this obligation. 484
C) Measures of rehabilitation and satisfaction, and guarantees of non-repetition
C.1. Rehabilitation
310. The Commission asked the Court to order the State to make reparation to Gladys Carol
Espinoza Gonzáles and her next of kin for the human rights violations they suffered. In this
regard, it specified that such reparations should be comprehensive and include treatment for her
physical and mental health by specialized medical personnel, and by mutual agreement with the
victim, until her recovery has been determined.
311. The representatives asked the Court to order the State to ensure free and permanent
medical and psychological treatment for Gladys Espinoza. They indicated that this treatment
should be provided by competent professionals, following authorization by the victim and the
determination of her medical needs, and should include the provisions of any medicine she
required. They also indicated that the State should adopt the necessary measures to ensure that
the psychological care is provided in the center in which Gladys Espinoza is detained or by
transferring her, as necessary, to the places where the treatment is provided, for the sessions.
They also requested some specific measures in favor of the victim. 485 In addition, they
emphasized “that this reparation will not be met with the provision of treatment by the Public
Health Insurance Scheme (SIS), to which anyone has access, [because] the treatment provided
must be differentiated and take into account her present situation as a prisoner.”
312. The State indicated that all the country’s prison inmates receive medical and
psychological treatment and that, if they require specialized care, this is also provided by the
State. With regard to the presumed victim’s next of kin, the State indicated that the purpose of
the “Public Health Insurance Scheme (SIS)” is to protect the health of Peruvians who do not
have health insurance, and this system provides both medical and psychological care.
313. In Chapters VIII.1, VIII.2 and VIII.5 of this Judgment, the Court concluded, inter alia,
that Gladys Carol Espinoza Gonzáles had suffered the violation of her right to personal liberty, as
well as severe violations of her personal integrity, which had left physical and psychological
scars. In addition, her brother, Manuel Espinoza Gonzáles, suffered harm to his personal
integrity as a result of the facts of this case. Regarding the State’s argument concerning the
medical, psychological and specialized treatment received by the country’s prison inmates, as
484
Cf. Case of Barrios Altos v. Peru. Merits. Judgment of March 14, 2001. Series C No. 75, para. 41, and Case of
Osorio Rivera and family members v. Peru, supra, para. 244.
485
They asked the Court to order the State to submit Gladys Espinoza to a complete and detailed medical
examination to evaluate all aspects of her physical condition. The comprehensive medical examination should explore
the long-term consequences on her health of the prison conditions she has had to endure. They also indicated that the
victim required: (a) urgent odontological treatment; (b) an evaluation of her intellectual faculties in order to assess
her present condition, whether there has been a deterioration and, if so, recommendations should be made as to how
to redress this; (c) a detailed psychological assessment to determine areas that require attention, chronic symptoms
indicated in the diagnoses made that are still present and have not been treated, and (d) psychological and emotional
support to help Gladys Espinoza construct her future and restore fully her capacities and hopes.
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