17 declared that he did not have any such type of recordings or subversive propaganda. He was then taken to the DINCOTE facilities and confined in a cell located in the basement. He was held incommunicado for three days, during which his family feared that he might have disappeared. He was interrogated about his work and his family in the absence of a public prosecutor or his counsel. After being held incommunicado for a further thirteen-day term, he was transferred to the Palace of Justice, where he was beaten by police officers. He was then transferred to CastroCastro Prison. The witness was held in custody as an accused person from August 1991 to September 1994, when the government, under the pressure exerted by congressmen, the press, and the witness’ next of kin, decided to prosecute him. He was taken to the Palace of Justice, where a room had been built for the trial of the inmates held in Castro-Castro Prison. In that room, the witness sat down behind a tinted-glass wall and communicated with the Court hearing the case by means of a microphone. His next of kin were not allowed to come into the room. Owing to hearing problems, the witness did not understand the questions made by the judge, whose voice had been distorted. His counsel was not allowed to repeat the questions to his client. After a short hearing, the judge read out his decision. The witness did not understand what the judge read out, and when he refused to sign the record, he was threatened with a criminal action against him on the grounds of obstructing justice. At the time he was being tried, the witness ignored what charges had been brought against him until he was provided with a copy of the decision convicting him. Afterwards, the Constitutional Court (Tribunal Constitucional) rendered his trial null and void. After fourteen years in custody, the witness and a co-defendant were confronted at a hearing, after which supplementary statements were made in order to conduct the investigation. The requests so that the witness’ detention be replaced with his commitment to remain subject to the custody of the court were dismissed, with the last dismissal dating October 19, 2004. In the new proceedings, the witness was prosecuted under Article 322 of the Criminal Code, whereas in the first criminal proceedings, the witness was prosecuted under Article 320 of said code. While in custody, the witness was subjected to a permanent condition of defenselessness. Police officers used to steal the inmates’ belongings and beat Mr. Ramírez-Rojas. Furthermore, the witness suffered from health problems. He suffered from a prostate condition requiring surgery. On the day the last examination before surgery was to be conducted, around eighteen armed police officers took him to the doctor’s office. The doctor, under the pressure of the Police Chief Officer, decided to postpone surgery for thirty more days. On the next day, he was transferred to Cajamarca Prison, where isolation was much stricter, wherefore the witness lost all family contact. Regarding reparations, the witness pointed out that the Inter-American Court should take into consideration the pain and suffering experienced by his next of kin, his feelings of isolation, and the abandonment of his son, who was three years old at the time of his detention. His incarceration worsened the health condition of his mother, who died some years after his detention. Furthermore, Mr. RamírezRojas’ professional career was affected by his detention and trial, which ruined both his project to set up a consulting firm and his research work, on which he was planning to write a book.

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