73
200. The representatives indicated that, starting in January 1996, the presumed victim was in
solitary confinement, locked up for 23 hours a day, in a place that was inaccessible for her
family and under difficult medical and nutritional conditions. As a result of the poor nutrition and
the climatic conditions, Gladys Espinoza developed bronchopneumonia. During her
imprisonment, she was also a victim of violent searches and beatings on numerous occasions.
Regarding the incident that occurred on August 5, 1999, they alleged that, due to its severity,
the violence presumably suffered by Gladys Espinoza constituted acts of torture under Article 2
of the ICPPT. Based on the foregoing, they argued that Peru had violated Article 5 of the
Convention, in relation to Article 1(1) of this instrument, as well as Articles 1, 6 and 8 of the
ICPPT and Article 7 of the Convention of Belém do Pará.
201. The State argued that although Gladys Espinoza served part of her sentence while article
20 of Decree Law No. 25,475 and article 3 of Decree Law No. 25,744 were in force, the
provisions concerning imprisonment of the anti-terrorism laws issued in the 1990s had been the
subject of an action on unconstitutionality by the Constitutional Court of Peru, and had been
annulled. In other words, the prison conditions during the first half of the 1990s had been
rectified by the State itself by eliminating this regime and adopting successive normative and
administrative changes. It also argued that, on April 17, 2001, the presumed victim had been
transferred from the Yanamayo Prison to the Aucayama Prison in Huaral, and was currently in
the Chorrillos Women’s Maximum Security Prison. The State also indicated that, the Public
Prosecution Service had been conducting a criminal investigation in order to clarify the facts and
to punish those presumably responsible for the supposed events that occurred on August 5,
1999.
C.2. Considerations of the Court
202. The Court will deal, first, with the detention conditions endured by Ms. Espinoza Gonzáles
in the Yanamayo Maximum Security Prison of Puno and, then, will consider the incident that
occurred during the inspection on August 5, 1999.
C.2.1. Detention conditions of Gladys Carol Espinoza Gonzáles in the Yanamayo
Maximum Security Prison of Puno
203. It is a proven fact that Gladys Espinoza was incarcerated in the Yanamayo Maximum
Security Prison of Puno from January 17, 1996, to May 10, 2001 (supra para. 79). During this
time, Gladys Espinoza was subjected to a regime established for those prosecuted and/or
sentenced for terrorism and treason. 340 This prison is located at 3,800 meters above sea level,
15 minutes from Puno; there, Ms. Espinoza lived in the following conditions: she was subjected
to a prison regime of solitary confinement for 23 hours a day, and only allowed out into the
fresh air for one hour; there were continuous uprisings by the prisoners and violent searches by
the State agents; 341 it was extremely cold and the inmates did not have sufficient clothing or
coverings, or any type of heating; the water used for drinking, cooking, bathing and washing the
clothes and bedclothes and in the washrooms was contaminated and very cold and scarce; 342
there were no lights in the cells; the corridors had florescent lighting every two cells, and
skylights that restricted the entry of sunlight; the food was deficient, limited and unhealthy;
health care requirements were provided by a single general physician, which did not allow the
340
Cf. Report of the Peruvian Ombudsman on the Yanamayo Prison, Puno, of August 25, 1999 (evidence file,
folios 1580 to 1588).
341
Cf. Affidavit made by Gladys Espinoza on March 26, 2014 (merits file, folio 907); Statement made by Gladys
Espinoza on March 2010 (evidence file, folios 1462 and 1463), 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 1561).
342
Cf. Affidavit made by Gladys Espinoza on March 26, 2014 (merits file, folio 907). See also, Case of Lori
Berenson Mejía v. Peru, supra, para. 87.74, Case of García Asto and Case of Ramírez Rojas v. Peru, supra, para. 224.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos