26
the Peruvian Air Force (hereinafter “the Special Military Judge”) was informed of the alleged
perpetration of the crime of treason by Gladys Espinoza with a request to extend the term of her
detention. 73
77.
Statements by Gladys Espinoza. Gladys Espinoza’s statements were taken on April 28 74
and May 7 75 and 10, 76 1993, in the presence of the investigating agent of one of the DINCOTE
offices, among other individuals who were present. In these statements she maintained that she
had been a victim of acts of violence, rape and torture at the time of her arrest and at the
DIVISE headquarters (infra paras. 157 to 159). On June 1, 1993, the Special Military Judge
decided to open a preliminary investigation into the crime of treason and issued an arrest
warrant establishing that the initial detention be served at the DINCOTE headquarters. 77
Subsequently, on June 5, 1993, 78 Ms. Espinoza gave a preliminary statement in a DINCOTE
office before the Special Military Judge, in which she repeated that she had been the victim of
acts of violence during her detention at the DIVISE and the DINCOTE headquarters (infra paras.
157 to 159).
78.
Life sentence for “treason.” On June 25, 1993, at the DINCOTE headquarters and in the
presence of Gladys Espinoza, the judgment was read that had been handed down that day by
the Special Military Investigating Judge, and in which he established, among other matters, that
“she forms part of the MRTA leadership as a member of a ‘Special Force’ for carrying out
abductions, extortion and attacks,” and convicted her, as perpetrator of the crime of treason, to
life imprisonment, indicating that “she [should serve this punishment] in a Maximum Security
Prison administered by the National Penitentiary Institute, with permanent solitary confinement
during the first year and then with forced labor for as long as the incarceration last[ed].” 79
B.2. The transfer to different prisons and her continuing incarceration
79.
The transfer to different prisons. On July 30, 1993, Gladys Espinoza was transferred from
the DINCOTE to the Chorrillos Women’s Maximum Security Prison. On January 17, 1996, she
entered the Yanamayo Prison. On May 10, 2001, Gladys Espinoza was transferred to the
Aucallama Huaral Prison 80 and, on December 16, 2003, she was transferred to the Chorrillos
Women’s Maximum Security Prison, 81 where she is confined at the present time. 82 The
Commission and the representatives allege that the detention conditions of Gladys Espinoza
during her incarceration in the Yanamayo Prison violated her personal integrity; they also allege
that, during an inspection carried out on August 5, 1999, 83 she was subjected to acts of torture.
73
Cf. Report No. 2074-DR-DINCOTE of May 27, 1993 (evidence file, folios 1501 to 1503).
74
Cf. Police statement by Gladys Espinoza before the DINCOTE of April 28, 1993 (evidence file, folios 8269 to
8278).
75
Cf. Statement by Gladys Espinoza of May 7, 1993 (evidence file, folios 5804 to 5807).
76
Cf. Statement by Gladys Espinoza of May 10, 1993 (evidence file, folios 5808 to 5812).
77
Cf. Order to open a preliminary investigation of June 1, 1993 (evidence file, folio 5993).
78
Cf. Preliminary statement of Gladys Espinoza of June 5, 1993 (evidence file, folios 7304 to 7308).
79
Cf. Judgment of June 25, 1993, Case file No. 037-93-TP, handed down by the Special Military Investigating
Judge of the Judicial Area of the Peruvian Air Force No. 1215 (evidence file, folios 7353 to 7357).
80
Cf. Certification of criminal record of Gladys Carol Espinoza Gonzáles issued by the National Penitentiary
Institute on May 7, 2012 (evidence file, folios 8155 and 8156), and Affidavit made by Gladys Espinoza on March 26,
2014 (merits file, folio 906).
81
Cf. Prison record of Gladys Espinoza issued by the National Penitentiary Institute on May 9, 2012 (evidence file,
folio 8156).
82
83
Cf. Affidavit made by Manuel Espinoza Gonzáles on March 25, 2014 (merits file, folio 912).
Order to open an investigation issued by the Provincial Prosecutor, Fanny Escajadillo, of the office of the Third
Supra-national Prosecutor, of April 16, 2012 (evidence file, folios 8016 to 8024).