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check on her son. The witness found that tear-gas bombs had been thrown all over
the area. When she got to the penitentiary, she was told that her son had been
transferred, but no one told her where. Later, she found that he had been taken to
Yanamayo Prison.
In order to visit her son at Puno, she had to set off on a Thursday to arrive on a
Saturday on time to visit him for only one hour on Sundays, and she also had to
seek accommodation. There were no means of transport that could take her up to
the penitentiary and she had to walk for half a kilometer out in the cold, with all
the things she was bringing to her son clinging from her back. After arriving at the
penitentiary, she again had to go through an inspection of her things —she had to
unwrap every package, and even peel the fruit she was carrying, which implied
expenses. When she eventually managed to see her son, the witness declared that
he was skinny, pale, and blue with cold.
The alleged victim was held in Yanamayo Prison until September 21, 2001. He was
then transferred to Challapalca Prison, where he was held until August 21, 2002.
This penitentiary did not have any means of communication and access to it was
difficult. There was a place in the military base where the inmates’ relatives were
normally accommodated, but this place did not offer accommodation for relatives of
prisoners accused of terrorism. Furthermore, the local town families who also offer
accommodation did no want to accommodate relatives of prisoners accused of
terrorism.
The witness’ son was transferred to La Capilla Prison, located in Juliaca, where he
was held until December 16, 2002, when he was transferred back again to CastroCastro Prison.
Following the detention of her son, everyday life changed for the family. The
alleged victim had started a small business which was run by the family. This
business was the only source of income for them. Her son Wilson García-Asto was
going to be the first professional graduate in the family. After the detention of her
son, the other children stayed in the house to take care of the business, which
funded the costs of the defense of the alleged victim.
In addition to the financial consequences, the imprisonment of her son affected the
physical and mental health of all the family members. Her son Gustavo, the
alleged’s victim younger brother, started to complain that his eyes ached. The
witness took him to several hospitals for a number of eye examinations. He was
diagnosed with a condition affecting the nerves. Gustavo was very close to the
alleged victim; they shared their bedroom and went to university together. After
the detention of his brother, Gustavo dropped out of university because he was
affected by his classmates’ reaction. Moreover, the witness’ daughter Elisa, the
alleged victim’s sister, also suffered health problems —she used to complain that
her leg and stomach ached. Like her brother, Elisa dropped out of university.
EXPERT EVIDENCE
1. José Daniel Rodríguez-Robinson, attorney-at-law
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