7
nape (…). On May 10th Fujimori inspected the Castro Castro Prison personally, walking
among the tortured prisoners in the forced position of ventral cubitus, and approving
the result of the operation. (...)
The female prisoners were divided into two groups. One group was taken to
the prison of Cachiche in Ica, and the other to the prison of Santa Mónica in Lima. The
women of Santa Mónica were subject to similar conditions to that of the men: they
were forced to remain with the same clothes that had been using since the massacre
and they were not allowed to shower for more than 15 days. The remained completely
incomunicado from the outside world for almost 5 months after the massacre and their
whereabouts were unknown for that entire time by their next of kin. Access was not
permitted to attorneys or their next of kin until the end of September 1992. (…) Only a
woman can now what it is like to be bleeding every month, without having how to take
care of her hygiene. These deprivations were intentional: to inflict severe psychological
suffering." (paras. 25-27 and 29).
26.
The same account tells us that two of the female inmates, as a consequence
of the brutalities inflicted, lost use of reason, they lost their mental sanity (Mrs.
Benedicta Yuyali, of almost 70 years of age, and Mrs. Lucy Huatuco - para. 29). The
mentioned presence of the element of intent seems to me of the greatest
importance for the constitution of the State’s international responsibility in the
present case of the massacre of the Prison of Castro Castro: the incidence of said
mens rea, of the animus agressionis of the State’s power, constitutes, in my
opinion, the aggravated international responsibility of the respondent government.
27.
In the aforementioned public hearing before this Court in the present case,
carried out in the city of San Salvador, I allowed myself to ask one of the victims
and witness (Mrs. Gaby Balcazar Medina) in the case, which were “her current
reflections regarding this experience of contact with human evil." 18 She responded:
"(...) With all they have done to me, I felt that they had left marks not only on
my body but on my soul as well (...). During the first years I had nightmares, I dreamt
I was killed, I dreamt of the dead bodies (...). (...) I know there is so much evil in
human beings, even in police officers, but there was one who offered me water and
not boiled water, I asked for a bottle of water [and] he felt sorry for me and calmed
my thirst.
(...) As of today, when I have been heard, when you have given me this
opportunity, many youngsters that have died will be able to rest as of this day in
peace, because there has been somebody who has really said what happened during
those four days in the Castro Castro Prison, - that it is a big lie that they went there to
transfer us, because they went there to kill us, - and those youngsters and mothers
who died are going to rest in peace as of today." 19
28.
The facts of the present case, as presented especially by the legal persons,
speak for themselves. Based on the body of evidence found in the dossier, the
Court concluded in the present Judgment that there was no riot that justified the
so-called “Operative Transfer 1” from May 06 to 09, 1992 in the Prison of Castro
Castro (para. 197(21). What happened was an armed attack executed by security
forces of the State to “endanger the life and integrity of the inmates who were
located in pavilions 1A and 4B” of the Prison of Castro Castro (paras. 215 and 216).
It was a premeditated attack (para. 197(23) and 26-33). The Court, when it
pointed out the “seriousness of the facts” of the present case, stated that what
happened at the Prison of Castro Castro “was a massacre” (para. 234). The
aforementioned aggravated international responsibility arises, in my judgment, in
the circumstances of the present case, from the perpetration of a State crime.
.
18
IACHR, Transcription of the Public Hearing..., op. cit. supra n. (9), p. 24 (internal circulation).
.
IACHR, Transcription of the Public Hearing..., op. cit. supra n. (9), pp. 24-25 (internal
circulation).
19