33
dated March 15, 2013, in which it indicated that “[t]he concept of a recent unnatural act
refers to an act within ten days of the date of the examination.” 140 On August 13, 2013,
the Institute of Forensic Medicine was asked to advise whether the forensic doctors who
had prepared Forensic report No. 1816-H of May 18, 1993, J.A.M. and E.Y.P., continued
to work in that institution. 141 In response, on August 16, 2013, the National Head of the
Institute of Forensic Medicine confirmed that the said doctors worked in the Forensic
Clinical Division. 142 It is on record that, following the notification of these two doctors, 143
on August 28, 2013, only J.A.M. ratified this medical record. 144 There is no information
concerning E.Y.P. in this regard.
c) On June 28 145 and August 13, 2013, 146 the Prosecutor asked the Forensic Clinical Division
of the Institute of Forensic Medicine to prepared “a consolidated version of the contents”
of the medical certificates and other documents drawn up in 1993 and 2004 (infra paras.
169 to 172), and to provide an opinion on the “Protocol for the forensic examination to
detect injuries resulting from torture on live persons”.
91.
It is also on record that after the procedures described in subparagraphs (a), (b) and (c)
of the preceding paragraph had been carried out, and after the prosecutor had made the request
numerous times, on January 7, 2014, the Institute of Forensic Medicine prepared a “Protocol for
investigating torture or cruel, inhuman or degrading treatment” with regard to Gladys Espinoza,
based on the evaluations made of her on August 20, October 17 and December 2, 2013, and
also the medical certificates prepared in 1993 and 2004 (supra para. 73 and infra para. 245).
The Prosecutor received this Protocol on January 14, 2014. 147 In this Protocol it was concluded
that: “1.A. There is a strong relationship; the injuries (scars) may have been caused by the
traumas described [by the presumed victim], and by very few other sources; B. In the anal and
genital region, it is typical, this is the condition that is normally found with this type of
trauma,” 148 referring to injuries resulting from torture.
B.4.2. Investigation of the acts that took place during the confinement of Gladys
Espinoza in the Yanamayo Maximum Security Prison, Puno, between January 17,
1996, and April 17, 2001, and the incident that occurred on August 5, 1999
92.
The case file reveals that on April 27, 149 May 7, 150 October 18 151 and December 26,
152
the prosecutor made the following requests to the President of the Board of Prosecutors
2012,
140
Forensic report No. 017003-PF-HC of the Institute of Forensic Medicine to the Third Supra-provincial Criminal
Prosecutor of March 15, 2013 (evidence file, folios 8968 and 8969).
141
Cf. Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Institute of
Forensic Medicine of August 13, 2013 (evidence file, folio 11135).
142
Cf. Note No. 304 -2013-MP-FN-IML/JN of the Institute of Forensic Medicine to the Third Supra-provincial
Criminal Prosecutor of August 16, 2013 (evidence file, folio 11151).
143
Cf. Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Institute of
Forensic Medicine of August 20, 2013 (evidence file, folio 11174).
144
Cf. Ratification of medical certificate by J.A.M. on August 28, 2013 (evidence file, folios 11183 to 11186).
145
Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Institute of
Forensic Medicine of June 28, 2013 (evidence file, folios 10969 to 10987).
146
Cf. Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Institute of
Forensic Medicine of August 13, 2013 (evidence file, folio 11136).
147
Cf. Protocol for investigating torture or cruel, inhuman or degrading treatment of January 14, 2014 (evidence
file, folios 12233 to 12276).
148
Protocol for investigating torture or cruel, inhuman or degrading treatment of January 14, 2014 (evidence
file, folio 12259).
149
Cf. Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Board of
Prosecutors of Puno of April 27, 2012 (evidence file, folio 8087).
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