23 116. The State maintains that Gladys Carol Espinoza’s bodily injuries were caused by the collision of the motorcycle she was riding on April 17, 1993, and by the resistance she put up during her arrest. It notes that during Ms. Espinoza Gonzales’s second criminal trial, the National Terrorism Chamber ordered that fresh medical evaluations be performed, which revealed no signs of torture. It adds that although the medical examinations carried out between April and May 1993 reported hematomas and bruising, some of the physicians who conducted the testing stated, during the proceedings before the National Terrorism Chamber, that “it was not possible to determine that the injuries found were the result 101 of torture.” The State adds that, “Gladys Carol Espinoza Gonzáles’s claim that she suffered torture and other forms of cruel and inhuman treatment was an argument whereby she sought to escape criminal 102 responsibility.” 117. Before ruling on the dispute between the parties, the IACHR reiterates that contrary to the official version given by the National Police and maintained by the Peruvian State during the processing of this case, it has been established that Gladys Carol Espinoza was not involved in a violent collision at the time of her arrest on April 17, 1993. That conclusion is supported not only by the determinations set out in section D.1 above, but also by the evidence outlined in the following paragraphs. 118. The IACHR will now rule on the elements whereby it can reasonably conclude that Gladys Carol Espinoza was subjected to continuous acts of violence while in the custody of agents of the DIVISE and the DINCOTE in Lima. For this, it will take into account the following evidence: (a) the victim’s statements, (b) the context behind the victim’s narrative of the events, (c) medical examinations performed by the National Police and by the Legal Medicine Institute, and (d) psychological evaluations carried out by the National Police and the Legal Medicine Institute, and the expert report of Dr. Carmen Wurst de Landázuri. (a) Victim’s statements 119. In October 2002, Gladys Carol Espinoza gave testimony to the Truth and Reconciliation Commission and described the violent acts she suffered upon her admission to the DIVISE facility in Lima on April 17, 1993. That testimony was recorded as follows: She says they [Gladys Carol Espinoza and Rafael Salgado Castilla] were taken to a kind of large garage that was ventilated: “I felt everything cold, icy. And, it seemed, they had Rafael down somewhere else... I heard doors banging, cars, the footsteps of a lot of large men; it seemed there was someone waiting there, and they were talking among themselves. […]” The informant was blindfolded, and a man lifted her onto his shoulder and carried her to the elevator, but before that: “They had already removed my trousers and felt my buttocks, all over, and they took advantage to remove all my clothes and strip me again (on his shoulder), and he took me onto the elevator and threw me to the floor, and it seemed that they did the same to the other boy [Rafael Salgado Castilla]. And they began shouting, long live the destroyers, or the dynamos, I’m not sure. They jumped on us, saying, here they are, here they are, we’ve won…” They went into a kind of office and informed someone of the arrest: “They began to speak, shouting victory phrases, and they began to jump on our naked bodies; they jumped, shouted, laughed, cursed, voices, they jumped on top of me; I suppose they jumped on Rafael’s body, which was there, saying nothing, too; I also said nothing.” They said they were going to begin with her; again, the large man picked her up onto his shoulder and took her to what seemed like a roof: “The air hit you there, cool air. He threw me to the ground and said, get ready, you’re going to start talking. They carried on insulting me, shouting; I think 101 Communication from the State dated October 15, 2010, received by the IACHR on October 18 of that year, para. 19. 102 Communication from the State dated October 15, 2010, received by the IACHR on October 18 of that year, para. 21.

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