16
(cf. Law 25139 of December 14, 1989, on bonuses; Legislative Decree 276 – Statute on the Civil Service
and Remuneration in the National Public Sector; Law 26894 of November 28, 1997, on the 1998 Public
Sector Budget; Supreme Decree 061-98-EF of July 6, 1998, which “grants government pensioners, officials
and civil servants an National Festivities bonus of an extra month’s pay”; Urgent Decree No. 107-97, of
December 5, 1997, which “grants government pensioners, officials, civil servants, and armed forces and
national police personnel a Christmas bonus of an extra month’s pay”; Supreme Decree No. 70-85 PCM, of
July 26, 1985, which establishes “the procedure of bilateral negotiation for local governments to settle on
cost-of-living salary adjustments and contracts with their officials and civil servants”; Decree-Law No.
22482 of March 27, 1979, Maternity and Nursing Subsidies; Decree-Law No. 18846, of April 28, 1971, on
S.S.O. It will assume responsibility for job-related accidents; report No. 0053-98-GAF-SP-GG-PJ, dated
July 9, 1998, and quotations on the exchange rate for the Peruvian currency to the United States dollar
from January 1990 to June 1998, issued by the Chief of the Department of Economic Statistics and
Studies, Office of the Superintendent of Banking and Insurance).
66.
No objection or challenge was made to the documents submitted by the
State, nor was their authenticity called into question; hence, the Court accepted
them as valid and ordered that they be added to the body of evidence in the instant
case.
TESTIMONIAL EVIDENCE
67.
The victim offered to testify before the Court at a public hearing. In its
reparations brief, the Commission, too, proposed that her testimony be admitted.
68.
The State did not offer witnesses.
69.
On May 12, 1998, the President summoned the victim to testify at a public
hearing that was to be held at the seat of the Court.
70.
On June 9, 1998, the State presented a note wherein it objected to the
victim’s testifying. At a meeting held prior to the public hearing scheduled for later
that same day, the President heard arguments from the State, the victim and the
Commission and then dismissed the State’s objection and ordered that the Court
would hear the testimony in question.
71.
At a public hearing held on June 9, 1998, the Court heard testimony from the
victim in the instant case. Summarizing, she testified to the following:
She currently resides in Santiago, Chile, and is 43 years old. At the time of
her detention, she was 36. A university professor with degrees in education
and social work, the victim is also a second-year law student. During her
detention and incarceration, she suffered various forms of abuse. She was
raped and an attempt was made to drown her in the ocean. She was
exhibited on television in the uniform of a prison inmate.
During the
proceedings before the military courts, she was not permitted to be
represented by her counsel and was tried by a “faceless” court for the crime
of treason. The prosecutor threatened her and forced her to incriminate
herself. When she was convicted, she had a nervous breakdown and was
unconscious for two days. She was incarcerated in the Chorrillos Maximum
Security Prison. Conditions there were very bad: there was little to eat or
drink, the medical attention was poor and she was not permitted to
communicate with anyone. She remained confined to her cell, sometimes
with as many as six other inmates, for 23 _ hours each day. She was
incarcerated under those circumstances for four years and eight months. She
suffered many health problems. As a consequence of her confinement, she