114
agents, despite the fact that they were injured (supra para. 197(48)). The victim
Gaby Balcázar stated that she thought “that this treatment was not even given to
animals.” (supra para. 187). This fact is just one more element of the especially
gross treatment given to inmates during the “operative” and after it. The expert
witness Quiroga described the way in which the injured inmates were transferred to
the hospitals as “acts of great cruelty” (supra para. 186).
297. In this same sense, when the inmates that were in “no man’s lands” and in
“admissions” of the Criminal Center Castro Castro (supra para. 197(42)) were
transferred to other criminal centers or relocated in the same criminal center Castro
Castro they suffered new violations to their physical, psychic, and moral integrity,
since they were beat more than once, even with blunt objects, on the head, kidneys,
and other parts of their bodies (supra para 197(46) and ** 197(48)). As part of
these aggressions, a great part of the male inmates were submitted to what expert
witness Quiroga describes as the “Dark Alley”, a form of punishment that consists in
forcing the detainee to walk through a double line of agents that beat them with
blunt elements, such as sticks and metallic or rubber batons, and whoever falls to
the floor receives more blows until he reaches the other end of the alley. The expert
witness stated that this form of collective punishment, “due to its severity and
physical and psychological consequences[, is] consistent with torture.”
298. Among the inmates that were in the conditions describes there were pregnant
women. The state agents did not have any consideration regarding their specific
condition. Only Mrs. Eva Challco, Sabina Quispe Rojas y Vicenta Genua López were
identified before the Court (supra para. 197(57)). The face down position in which
they had to remain is especially serious in the case of pregnant women. To witness
this treatment towards them caused greater anguish among the other inmates.
299. Likewise, the Court points out the specific case of Mr. Víctor Olivos Peña, who
being alive but seriously injured was taken to a hospital morgue, where he was
rescued by his mother and a doctor (supra para. 197(45)).
300. The Court considers that the treatments described in the previous paragraphs
constituted an inhuman treatment in violation of Article 5 of the American
Convention. This breach was worse regarding those inmates who were injured and
the women who were pregnant.
3)
Treatments received in the health centers to which the inmates were
transferred during the attack or once it had concluded
301. It was proven that the inmates transferred to the Police Hospital did not
receive adequate medical treatment (supra para. 197(47)). The twenty-fourth
Principle for the Protection of All Persons Submitted to Any Form of Detention or
Imprisonment states that “[…] any person detained […] will be provided […] medical
care and treatment whenever necessary […].”157 This Court has established that “the
157
Cfr. U.N., Body of Principles for the Protection of All Persons under any Form of Detention or
Imprisonment, Adopted by the General Assembly in its resolution 43/173, of December 9, 1988, Principle
24. In the same sense Cfr. Case of De la Cruz Flores. Judgment of November 18, 2004. Series C No. 115,
para. 133; and Case of Tibi, supra note 150, para. 154.