15
the assessment of the disputes in this case; it is therefore admitted based on Article 58 of the
Rules of Procedure.
C) Assessment of the evidence
46.
Based on the provisions of Articles 46, 47, 48, 50, 51, 57 and 58 of the Rules of
Procedure, as well as on its consistent case law concerning evidence and its assessment, the
Court will examine and assess the probative elements admitted in the preceding section (supra
paras. 40 to 45). To this end, it will abide by the principles of sound judicial discretion, within
the corresponding legal framework, and taking into account the whole body of evidence and the
arguments submitted during the proceedings. 20 Furthermore, the statements made by the
presumed victims will be assessed in the context of all the evidence in the proceedings inasmuch
as they can provide further information on the presumed violations and their consequences. 21
VII
FACTS
47.
In this chapter, the Court will examine, first, the context in which the facts of this case
occurred and, then, the proven facts concerning Gladys Espinoza.
A) Context in which the facts of the case occurred
48.
The Commission and the representatives both affirmed that the facts of this case took
place against the background of the conflict in Peru, the indiscriminate violence used by the
insurgent groups, and the illegal actions of the security forces, in a context that included the
practice of torture, sexual violence and rape in the counterinsurgency efforts, as well as the antiterrorism laws enacted starting in 1992, the effects of the latter on the institutionalization of
such practices and the impunity in which they were maintained. The State did not contest the
context presented by the Commission and the representatives in its answering brief. 22 Moreover,
it indicated that the facts of this case took place in a context characterized by the situation of
unparalleled violence created by the terrorist organizations at the time, the Communist Party of
Peru-Shining Path (Sendero Luminoso) and the Túpac Amaru Revolutionary Movement (MRTA),
whose acts of violence resulted in the loss of lives and property, in addition to the moral harm
caused by the general situation of permanent unrest to which Peruvian society was subjected.
Specifically, it referred to the MRTA as one of the armed groups that, during this period of
extreme violence in Peru, had carried out numerous subversive attacks. In the case of the
MRTA, abduction and extortion were the main methods used to obtain money to fund its
subversive activities, and these crimes were carried out by the so-called “Special Forces,”
composed of elite militants within the organization. Furthermore, hostage-taking and abductions
for political and/or financial purposes that could be attributed to the MRTA had a particular
impact on Peruvian society. The State also referred to specific cases of abduction that could be
attributed to the MRTA. In its final arguments, the State presented observations on the evidence
provided by the Commission and the representatives regarding the alleged context in this case.
20
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits. Judgment of March 8, 1998.
Series C No. 37 para. 76, and Case of Tarazona Arrieta et al. v. Peru, supra, para. 28.
21
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43, and
Case of Tarazona Arrieta et al. v. Peru, supra, para. 28.
22
The State indicated in its brief with final arguments that “the truth regarding the alleged generalized pattern
of sexual violence in the context of the detention of women who were prosecuted and/or convicted of the crime of
terrorism” should be questioned because, in previous cases before the Court, such as those of Loayza Tamayo, Castillo
Petruzzi, De la Cruz Flores, and Lori Berenson, all against Peru, “the existence of such acts was not alleged.” The
Court considers that this observation is time-barred, since it was submitted for the first time in the State’s final
written arguments.