5
I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
The case submitted to the Court. On December 8, 2011, the Inter-American Commission
on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) presented
a brief (hereinafter “submission brief”) in which it submitted the case of Gladys Carol Espinoza
Gonzáles against the Republic of Peru (hereinafter “the State” or “Peru”) to the jurisdiction of
the Inter-American Court. According to the Commission, this case relates to the supposed
unlawful and arbitrary arrest of Gladys Carol Espinoza Gonzáles on April 17, 1993, as well as to
the alleged rape and other acts constituting torture that she endured while in the custody of
agents of the former Abduction Investigation Division (DIVISE) and of the National Counterterrorism Directorate (DINCOTE), both attached to the Peruvian National Police. The Commission
affirmed that, in addition to the alleged acts of torture that took place at the beginning of 1993,
Gladys Espinoza had been subjected to inhuman detention conditions during her incarceration in
the Yanamayo Prison from January 1996 to April 2001, presumably without access to adequate
medical care and food, and denied the possibility of receiving visits from members of her family.
It also indicated that, in August 1999, agents of the National Special Operations Directorate of
the Peruvian National Police (DINOES) had beaten her on sensitive parts of her body, without
the presumed victim having access to prompt medical care. Lastly, it stated that the facts of the
case had not been investigated and punished by the competent judicial authorities, and
remained in impunity.
2.
Procedure before the Commission. The procedure before the Commission was as follows:
a) Petition. On May 10, 1993, the Inter-American Commission received the initial petition
from the Asociación Pro Derechos Humanos (APRODEH) and Teodora Gonzáles de Espinoza.
Subsequently, on November 19, 2008, the Center for Justice and International Law (CEJIL)
joined the litigation before the inter-American system for the protection of human rights.
b) Report on Admissibility and Merits. On March 31, 2011, the Commission approved Report
on Admissibility and Merits No. 67/11, pursuant to Article 50 of the Convention (hereinafter “the
Report on Admissibility and Merits”), in which it reached a series of conclusions and made
several recommendations to the State:
i.
Conclusions. The Commission concluded that the State was responsible for:
1.
Violations of the rights recognized in Articles 5(1), 5(2), 7(1), 7(2), 7(3), 7(4), 7(5), 7(6), 11(1), 11(2),
8(1) and 25(1) of the American Convention, in relation to Article 1(1) of this international instrument, to
the detriment of Gladys Carol Espinoza.
2.
The violation of Article 7 of the Convention of Belém do Pará, to the detriment of Gladys Carol Espinoza.
3.
The violation of Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, to the
detriment of Gladys Carol Espinoza.
4.
The violation of Article 5(1) of the American Convention in relation to Article 1(1) of this international
instrument, to the detriment of Teodora Gonzales viuda de Espinoza, Marlene, Mirian and Manuel Espinoza
Gonzales.
3.
Notification of the State. The Report on Admissibility and Merits was notified to the State
on June 8, 2011, granting it two months to report on compliance with the recommendations.
The State presented a report in this regard on August 8, 2011, and following two extensions,
submitted another report on December 1, 2011.