58
directing the traffic at that place denies that there was a collision with the motorcycle and,
therefore, that Salgado Castilla had fallen off and hit the pavement, a fact that was asserted by
the members of the DIVISE as the cause of the detainee’s injuries.” 250 On this point, the Report
of the CVR determined that “[t]he supposed collision between the vehicle driven by [a police
agent] and the motorcycle on which Rafael Salgado was riding, is unconvincing, not only owing
to the version of the witnesses that deny it, but because, in itself, it is unsustainable. A violent
collision and a catastrophic fall such as the one described […] would necessarily have resulted in
serious bodily injuries to Rafael Salgado and probably loss of consciousness, considering that he
was not wearing a protective helmet. In these conditions, Rafael Salgado could not have
recovered from the fall immediately, stood up and fought with one of the police agents to try
and wrest his weapon from him.” 251
156. In this regard, the Court notes that the version of the CVR differs from the State’s
version that there was a collision between the motorcycle on which Ms. Espinoza was riding and
a police vehicle.
B.2.2. The statements made by Gladys Carol Espinoza Gonzáles
157. The case file contains at least 10 statements in which Gladys Espinoza has described
what happened at the time she was arrested and taken to the DIVISE headquarters and,
subsequently to the DINCOTE. The presumed victim has stated: (i) on April 28, 1993, in the
presence of the Investigating Officer of one of the DINCOTE offices; 252 (ii) on May 7, 1993, in
the presence of the Investigating Officer of one of the DINCOTE offices, the representative of the
FAP Permanent Military Prosecution Unit and her defense counsel; 253 (iii) on June 5, 1993, also
in the presence of a DINCOTE Investigating Officer; 254 (iv) on October 14, 2002, before the
CVR; 255 (v) in interviews on February 9 and 10, 2004, which appear in the psychological
appraisal report of February 13, 2004, prepared by psychologists of the Institute of Forensic
Medicine of the Public Prosecution Service; 256 (vi) during evaluations made on January 27 and
February 9, 2004, which are recorded in the Forensic report of February 23, 2004, issued by
experts of the Institute of Forensic Medicine of the Public Prosecution Service; 257 (vii) in four
interviews of Gladys Espinoza that appear in the report issued by the psychologist Carmen Wurst
de Landázuri on October 5, 2008; 258 (viii) in a private interview on September 22, 2009, while
she was in the Chorrillos Women’s Prison; 259 (ix) in an account provided to a forensic physician,
a psychiatrist and a psychologist, all of them women, under the application of the Protocol for
the investigation of torture or cruel, inhuman or degrading treatment during the criminal
proceedings instituted for the facts alleged in this case and received by the Supra-national
250
Cf. Final report of the CVR of Peru, Volume VII, Chapter 2. The torture and murder of Rafael Salgado Castilla
(1992) (evidence file, folio 2455).
251
Final report of the CVR of Peru, Volume VII, Chapter 2. The torture and murder of Rafael Salgado Castilla
(1992) (evidence file, folio 2456).
252
8278).
Cf. Police statement by Gladys Espinoza before the DINCOTE on April 28, 1993 (evidence file, folios 8269 to
253
Cf. Statement by Gladys Espinoza of May 7, 1993 (evidence file, folio 5804).
254
Cf. Preliminary statement of Gladys Espinoza of June 5, 1993 (evidence file, folio 7304).
255
Cf. Extracts from the statement of Gladys Espinoza of October 14, 2002 (evidence file, folios 1474 to 1480).
256
Cf. Interview of Gladys Espinoza on February 9 and 10, 2004, Psychological appraisal report No. 0037372004-PSC, Institute of Forensic Medicine (evidence file, folios 1453 to 1455).
257
Cf. Forensic report No. 003821-V of January 22, 2004, prepared by experts of the Institute of Forensic
Medicine of the Public Prosecution Service (evidence file, folios 1557 to 1563).
258
Cf. Report on the psychological and psychiatric appraisals made by Carmen Wurst de Landázuri on October 5,
2008 (evidence file, folios 1544 to 1555).
259
Cf. Statement made by Gladys Espinoza in September 2009 (evidence file, folios 1459 and 1460).
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