that a criminal action should be filed against the prosecutor and the deputy prosecutor of the
Second Criminal Provincial Prosecution Service of Ascope.102
E.
The disciplinary administrative proceeding against the members of the
Peruvian National Police
72. On March 5, 2008, Ms. Rojas Marín filed a complaint with the Trujillo Regional
Inspectorate of the Peruvian National Police against four agents presumably implicated in the
acts of rape and sexual torture against her.103
73. On May 2, 2008, the Pacasmayo Provincial Inspectorate of the Peruvian National Police
issued a report concluding that: (i) administrative responsibility had not been established
because the complainant had been detained in compliance with the law and with police
procedures, taking into account that the presumed victim was not carrying identification
documents and that was with two individuals who fled the scene, and (ii) it had not been
determined that the presumed victim had been physically assaulted in the Police Station by
the agents who were accused of this, because “the forensic medical examination was
performed on the complainant four days after the detention [and] it was possible that [s]he
had injured [her]self in order to harm the police agents who detained h[er] on [February 25,
2008].”104
74. On June 6, 2008, the President of the Second Chamber of the Trujillo Disciplinary
Administrative Tribunal issued an order to remove the disciplinary administrative case against
the accused agents to a higher authority.105
75. On September 2, 2008, the Territorial Disciplinary Administrative Tribunal decided that
“there were no grounds for imposing sanctions on the agents […] as their disciplinary
administrative responsibility in the events reported by [Azul Rojas Marín] had not been
established; consequently, the closure of this case is ordered.”106 The Administrative Court
found that it was not possible to verify that Ms. Rojas Marín had been raped or tortured,
because the minor bodily injuries and the older anal fissures were insufficient to prove that
they had been caused by the police agents, and, “in addition to the forensic medical
examination being performed [four] days later, it should be taken into account, with regard
to the anal fissures, that [Ms. Rojas Marín] […] practices unnatural sexual relations since the
age of 14 and has sexual relations 3 or 4 times a day.”107
Initially, on December 31, 2008, the Superior Prosecutor, Head of the Decentralized Office of Internal Control
of La Libertad and Santa had declared that the complaint filed against the prosecutors by Ms. Rojas Marín was
unfounded. Cf. Decision of the Superior Prosecutor, Head of the Decentralized Office of Internal Control of La Libertad
and Santa of December 31, 2008 (evidence file, folio 186); Remedy of appeal filed on February 13, 2009, by Ms.
Rojas Marín against the decision of the Superior Prosecutor, Head of the Decentralized Office of Internal Control of La
Libertad and Santa of December 31, 2008 por (evidence file, folios 187 to 192); Decision of the Superior Prosecutor,
Head of the Decentralized Office of Internal Control of La Libertad and Santa of March 10, 2009 (evidence file, folio
193); Ruling issued by the Supreme Prosecutor for Internal Control on April 20, 2009 (evidence file, folio 195), and
Decision of the Prosecutor General of November 19, 2010 (evidence file, folios 3023 to 3028).
102
Cf. Complaint filed by Azul Rojas Marín with the Trujillo Regional Inspectorate of the Peruvian National Police
on March 5, 2008 (evidence file, folios 3030 and 3031).
103
Cf. Report of the Pacasmayo Provincial Inspectorate of the Peruvian National Police of May 2, 2008 (evidence
file, folio 3056).
104
105
Cf. Order to remove the case to a higher authority of June 6, 2008 (evidence file, folio 3059).
106
Cf. Decision of the Territorial Disciplinary Administrative Tribunal of September 2, 2008 (evidence file, folio
3064).
107
3063).
Cf. Decision of the Territorial Disciplinary Administrative Tribunal of September 2, 2008 (evidence file, folio
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