75
ailment they suffer from, the time that passes without such care, the accumulative physical and
mental effects 351 and, in some cases, the sex and age of the detainee. 352
207. In the cases of Lori Berenson Mejía, 353 García Asto and Ramírez Rojas 354 and Castillo
Petruzzi et al., 355 all against Peru, the Court established that the application of articles 20 of
Decree Law No. 25,475 and 3 of Decree Law No. 25,744 to the victims by the military courts
constituted cruel, inhuman and degrading treatment in violation of Article 5 of the American
Convention, since they were kept in detention conditions under a regime of incommunicado,
solitary confinement and restriction of family visits. It should be noted that the victims in these
cases were at the Yanamayo Maximum Security Prison from January 17, 1996, to October 7,
1998, July 20, 1999, to September 21, 2001, and October 14 and 15, 1993, to May 30, 1999,
respectively.
208. The Court notes that the period during which Gladys Espinoza remained at the Yanamayo
Prison – that is, from January 17, 1996, to May 10, 2001 – overlaps the periods indicated in the
said cases. Furthermore, it notes that articles 20 of Decree Law No. 25,475 and 3 of Decree
Law No. 25,744 were applied to Gladys Espinoza, and that she was kept under the detention
conditions described previously (supra paras. 203 to 214). Likewise, the Court has verified that,
during the time Gladys Espinoza was at the Yanamayo Prison, she had at least two medical
examinations. The reports reveal a progressive deterioration in her health and that, despite the
fact that it was recommended that she be evaluated by a neurologist, there is no record that this
was done (supra para. 204). Based on all the above, the Court finds that Gladys Espinoza was
subjected to cruel, inhuman and degrading treatment and, therefore, the State is responsible for
the violation of Article 5(2) and 5(1) of the American Convention, in relation to Article 1(1) of
this instrument, to the detriment of Gladys Carol Espinoza Gonzáles.
C.2.2. The incident during the inspection of August 5, 1999, in the Yanamayo
Maximum Security Prison of Puno
209. On August 5, 1999, an inspection was made in the prison in the presence of the
prosecutor of the Third Combined Provincial Prosecution Unit of Puno and agents of the Peruvian
National Police, and also with the participation of members of the National Special Operations
Directorate of the Peruvian National Police (DINOES-PNP). That day, using violence, the police
agents injured five inmates on different parts of their bodies with blunt objects when two of
them refused to hand over their radios. The inmates reported that the injured areas were the
“pubic area, buttocks and forearms,” and there is no record that the prison authorities provided
them with a medical examination or medical attention, with the exception of one of them who
was examined by a doctor on August 11, 1999. 356
210. The body of evidence reveals that, as asserted by the Commission and the
representatives, without the State contesting this, on that occasion the police agents proceeded
to attack the five inmates, kicking and punching them, hitting them with blunt objects, beating
351
Cf. Case of Montero Aranguren et al. (Retén de Catia) v. Venezuela, supra, para. 103, and Case of Vélez Loor
v. Panama, supra, para. 220.
352
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19,
1999. Series C No. 63, para. 74, and Case of Vera Vera et al. v. Ecuador, supra, para. 44.
353
Cf. Case of Lori Berenson Mejía v. Peru, supra, para. 101.
354
Cf. Case of García Asto and Ramírez Rojas v. Peru, supra, para. 223.
355
Cf. Case of Castillo Petruzzi et al. v. Peru, supra, para. 198.
356
Report of the Peruvian Ombudsman on the Yanamayo Prison, Puno, of August 25, 1999 (evidence file, folios
1581 and 1593); Statement made by Gladys Espinoza on March 2010 (evidence file, folios 1462 and 1463);
Preliminary statement by N.G.C. (evidence file, folios 10928 to 10933), and Preliminary statement by M.L.C.M.
(evidence file, folios 8198 to 8210).
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