4 Article 7 of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women. 16. The petitioners report that it was not until 20 days after her arrest and only thanks to the intervention of Gen. Antonio Ketin Vidal Herrera, Director of the DINCOTE at the time, that Gladys Carol Espinoza was allowed to receive a visit from her mother and a brother. They report that upon seeing the her daughter’s condition, Mrs. Teodora Gonzales Vda. de Espinoza broke down. 17. According to their claims, the alleged victim was accused of belonging to the MRTA insurgent organization and prosecuted for the crime of treason against the fatherland, in proceedings held before military judges whose identities were kept secret. The petitioners report that on June 25, 1993, the Special Military Court of the Peruvian Air Force Judicial District sentenced her to life imprisonment and other accessory penalties, and that on February 24, 1994, her conviction was upheld by the Special Court of the Supreme Military Council for Treason against the Fatherland. 18. The petitioners indicate that Gladys Carol Espinoza remained at the DINCOTE until she was transferred to Chorrillos Women’s Maximum Security Prison on June 24, 1993. They state that on January 17, 1996, she was moved to Yanamayo Prison in the department of Puno, and that on April 17, 2001, she was admitted to Aucayama Prison, to the north of Lima. They claim that while the alleged victim was held at Yanamayo, she was mistreated and not provided with appropriate medical attention or food. She was held in continuous solitary confinement in a single-person cell for 23 hours and 45 minutes a day. 19. The petitioners indicate that Yanamayo Prison is located 3,800 meters above sea level, in an area that is extremely cold and inaccessible for the alleged victim’s relatives, particularly her mother. They add that while held there, Ms. Espinoza Gonzales contracted bronchopneumonia and that in spite of recommendations from INPE physicians and several requests by the alleged victim, she was denied tomography testing to investigate her constant dizziness, headaches, and other health problems. They state that in August 1999, Gladys Carol Espinoza and other inmates from Yanamayo’s Block 1D were beaten and mistreated by police officers. They state that in a report dated August 25, 1999, the People’s Defender at the time, Jorge Santistevan de Noriega, denounced those acts of violence, but that competent authorities failed to investigate them or punish the guilty. 20. The petitioners report that Gladys Carol Espinoza’s military prosecution was voided under the new legislative framework for terrorism offenses enacted between January and February 2003 and a new investigation was opened against her for the crime of terrorism before the regular courts. On March 1, 2004, the National Terrorism Chamber sentenced her to 15 years in prison, and on November 24 of that same year, the Supreme Court of Justice increased her sentence to 25 years. 21. Although the petitioners speak of the outcome of the criminal prosecutions brought against Gladys Carol Espinoza, they offer no specific arguments regarding a possible violation of the right to a fair trial or to judicial protection, or regarding any possible incompatibility between the legal framework within which those trials took place and the American Convention. Thus, the petitioners’ contentions regarding Articles 8 and 25 of the Convention are limited to the failure to investigate the violence Gladys Carol Espinoza suffered while held at police facilities and in prison. 22. According to the information submitted, during the oral proceedings before the National Terrorism Chamber, Gladys Carol Espinoza stated that she had been tortured at police facilities in April and May 1993. After fresh psychological reports were prepared at the request of the National Terrorism Chamber, no criminal investigation was ordered. In addition, in the deed of execution of November 24, 2004, the Supreme Court of Justice stated that “the medical experts have said that the injuries shown by Gladys Carol Espinoza Gonzales are not compatible with torture.” The petitioners argue that the Supreme Court of Justice gave a distorted reading of the forensic and psychological reports prepared by the Legal Medicine Institute and ignored the alleged victim’s statements and the signs of torture on her body.

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