24 70. Arrest. Gladys Carol Espinoza Gonzáles was intercepted, together with her partner Rafael Edwin Salgado Castilla, 59 on April 17, 1993, in Lima, on the 21st block of Avenida Brazil (Ovalo Brasil), by members of the Abduction Investigation Division (hereinafter “the DIVISE”) of the Peruvian National Police (hereinafter “the PNP”), who had mounted an operation known as “Oriente” in order to find the perpetrators of the abduction of the businessman, Antonio Furukawa Obara that had presumably occurred on February 1, 1993. When they were intercepted, Rafael Salgado was riding a motorcycle with a Gladys Espinoza riding behind him. They were both placed in a vehicle and taken to the DIVISE headquarters located on the seventh floor of the 15 de Septiembre Building in Avenida España, Lima. 60 It is an undisputed fact, verified in the evidence, that at the time of her arrest, Gladys Espinoza identified herself as Victoria Romero Salazar and, later on, she clarified her identity. 61 71. Injuries suffered and the causes. It is a proven fact, undisputed by the State, that Gladys Espinoza and Rafael Salgado were injured during their interception and arrest by DIVISE agents on April 17, 1993. There are two versions about the cause of these injuries. According to the Commission and the representatives, Gladys Espinoza was arrested violently, and was insulted, beaten and threatened, without the State explaining the strict need and proportionality of this in light of the standards that regulate the use of force. Gladys Espinoza herself has indicated in several statements that, at the time of her arrest, she was beaten and threatened. In contrast, the reports of the DIVISE and the DINCOTE indicate that the police intervention involved a pursuit and a collision between the vehicle of the PNP agents and the motorcycle on which the presumed victim was riding, as well as strong resistance, and that, as a result, both individuals ended up with injuries to different parts of their body (infra para. 179). The State recalled that, in police operations against terrorist organizations, it was reasonable that the arrest would be resisted and that, consequently, there would be a struggle between the agents and the persons arrested. The Court will make the corresponding factual and legal determinations in Chapter VIII.2 which relates to the alleged violations of the personal integrity of Gladys Espinoza. 72. Personal search and transfer to the DINCOTE. The same day, and in the presence of the investigating agent in one of the DIVISE offices, Gladys Espinoza and Rafael Salgado were searched and various items belonging to them were confiscated. 62 In addition, the report recording the circumstances of the arrest was prepared. 63 Rafael Salgado was severely injured during the interception and the arrest and died at the DIVISE headquarters the same day. 64 Meanwhile, the following day, Gladys Espinoza was transferred to the DINCOTE. 65 59 Cf. Psychological appraisal report No. 003737-2004-PSC of February 9 and 10, 2004, issued by the Institute of Forensic Medicine (evidence file, folios 1453 to 1455); Statement of Gladys Espinoza of March 2010 (evidence file, folios 1457 and 1458); Report on the psychological and psychiatric appraisals made by Carmen Wurst de Landázuri on October 5, 2008 (evidence file, folio 1548), and Forensic report No. 003821-V of January 22, 2004, prepared by experts of the Institute of Forensic Medicine of the Public Prosecution Service (evidence file, folio 1557). 60 Cf. Informe Final de la Comisión de la Verdad y Reconciliación, Volume VII, Chapter 2.72, p. 838; Report No. 259-DINTO-DINCOTE of June 3, 1993 (evidence file, folios 1469 to 1470); Report No. 2074-DR-DINCOTE of May 27, 1993 (evidence file, folios 1501 to 1503), and Attestation No. 108-D3-DINCOTE of May 15, 1993 (evidence file, folio 5775). 61 Cf. Preliminary statement of Gladys Espinoza of June 5, 1993 (evidence file, folio 7304). 62 Cf. Record of personal search and confiscation of April 17, 1993 (evidence file, folios 5977 and 5978). 63 Cf. Report No.002-IC-DIVISE of April 17, 1993 (evidence file, folios 5830 and 5831). 64 Cf. Report No. 259-DINTO-DINCOTE of June 3, 1993 (evidence file, folios 1469 to 1470), and Attestation No. 108-D3-DINCOTE of May 15, 1993 (evidence file, folios 5783, 5784 and 5795). In this regard, in the Informe Final de la Comisión de la Verdad y Reconciliación, Volume VII, Chapter 2.72, p. 842, it was concluded that “[s]ufficient evidence exists to support the proposed hypothesis concerning the facts that have been reported, according to which Rafael Salgado Castilla suffered numerous acts of torture during his arrest and detention and that, as a result of this, he died at the DIVISE headquarters, and that these acts can be attributed to the police agents who took the detainee to these police premises, interrogated him, and kept him in custody.” 65 Cf. Report No. 2074-DR-DINCOTE of May 27, 1993 (evidence file, folios 1501 to 1503), and Attestation No. 108-D3-DINCOTE of May 15, 1993 (evidence file, folios 5775, 5789 and 5799).

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