32
narrative, “she was kicked, held down by bars around her neck, and hung in the air. She lost
136
consciousness due to the tear gas thrown in her face. She shows bruising on the legs and neck.”
149.
After conducting an investigation into the incident, People’s Defender Jorge Santistevan
concluded that the police officers used disproportionate force against the inmates, who presented injuries
137
caused by blunt instruments on the pubis, buttocks, and forearms.
He added that the director of
Yanamayo at the time, Col. Juan Chávez Arenazas, and the regional inspector of the National Police,
Col. Oscar Alfredo Altamirano Flores, along with other police officers responsible for the inspection of
138
August 5, 1999, “have not only denied the facts, but have systematically sought to conceal them.”
150.
The Ombudsman’s Report noted that in spite of the inmates’ visible injuries, they were
not examined by doctors and were not given any medical attention other than drugs provided by a
139
nurse.
The report also noted that as of the date of its publication on August 25, 1999, the Public
Prosecution Service had begun no criminal investigation into the police officers responsible for the attacks
140
on the prison inmates.
151.
The IACHR notes that in spite of the conclusions of the aforesaid Ombudsman’s Report,
the Peruvian State submitted a medical certificate dated August 24, 1999, which offered the following
141
diagnosis of the victim: “in an apparently good general state of health.”
That diagnosis supports the
conclusion of the Office of the People’s Defender, according to which the actions of the state agents
responsible for ensuring Gladys Carol Espinoza’s person and health were directed toward covering up
the attacks and abuses committed by agents of the DINOES during the inspection carried out on August
5, 1999.
152.
In light of the above considerations, the IACHR takes it as established that Gladys Carol
Espinoza was subjected to extremely severe detention conditions during the time she was held at
Yanamayo Prison from January 17, 1996, to April 17, 2001, without access to appropriate medical
treatment and food and denied the possibility of receiving visits by her family. The IACHR also takes it as
established that on August 5, 1999, agents of the DINOES beat her in sensitive parts of the body, that
those facts were not investigated by the competent authorities, and that the victim was not afforded timely
medical attention. The IACHR finds that those facts are particularly serious in view of the physical and
mental aftereffects that Gladys Carol Espinoza had begun to present since early 1993.
VI.
ANALYSIS OF LAW
1.
Right to personal liberty (Article 7 of the Convention)
153.
Article 7 of the American Convention establishes, in its pertinent parts, that:
1.
Every person has the right to personal liberty and security.
136
Annex 23: Ombudsman’s Report No. 28, Report on the Yanamayo Penal Establishment, Puno, August 25, 1999, para.
43, available at: www.defensoria.gob.pe/accesibilidad/biblio.php.
137
Annex 23: Ombudsman’s Report No. 28, Report on the Yanamayo Penal Establishment, Puno, August 25, 1999, para.
52, available at: www.defensoria.gob.pe/accesibilidad/biblio.php.
138
Annex 23: Ombudsman’s Report No. 28, Report on the Yanamayo Penal Establishment, Puno, August 25, 1999,
paras. 61 and 62, available at: www.defensoria.gob.pe/accesibilidad/biblio.php.
139
Annex 23: Ombudsman’s Report No. 28, Report on the Yanamayo Penal Establishment, Puno, August 25, 1999, para.
53, available at: www.defensoria.gob.pe/accesibilidad/biblio.php.
140
Annex 23: Ombudsman’s Report No. 28, Report on the Yanamayo Penal Establishment, Puno, August 25, 1999,
paras. 63 and 64, available at: www.defensoria.gob.pe/accesibilidad/biblio.php.
141
Annex 24: Report No. 143-99-INPE/DRAP-EPY-MIN, August 24, 1999; enclosed with the State’s communication of
December 30, 1999, and received by the IACHR on January 3, 2000.