88
the patient that could alter evidence, and (x) details of any symptoms that the presumed victim
has developed since that time. 414
250. From the three statements taken from Gladys Espinoza in 1993, it can be observed that:
(i) none of them were received in a safe and secure environment; rather, to the contrary, they
were received on the premises of the DINCOTE, where the acts of torture had occurred, 415 and
two of them in the presence of military officers; 416 (ii) they were restricted to questions asked
by the Investigating Officer, including questions on the existence of ill-treatment against her, 417
and there is no record that she was allowed the describe freely the facts that she considered
relevant, and (iii) no relevant information was recorded on Gladys Espinoza’s background, apart
from that related to her possible participation in acts of terrorism or treason. 418 Furthermore,
the Court observes that, during these statements, Gladys Espinoza was required to repeat her
description of the acts of torture and sexual violence perpetrated against her.
251. Second, regarding the medical examinations performed on Gladys Espinoza on April 18,
19 and 21, and May 18, 1993, as well as the psychological appraisal made on April 26 that year
while she was detained in the DIVISE and the DINCOTE (supra paras. 165, 166 and 245), the
Court considers that, in cases in which signs of torture exist, the medical examinations of the
presumed victim must be performed with the latter’s prior and informed consent, without the
presence of security agents or other State agents, and the corresponding reports should include
at least the following:
(a) The circumstances of the interview. The name of the subject and name and affiliation of those present at
the examination; the exact time and date, location, nature and address of the institution (including, where
appropriate, the room) where the examination is being conducted (e.g. detention centre, clinic, house, etc.);
any appropriate circumstances at the time of the examination (e.g. nature of any restraints on arrival or
during the examination, presence of security forces during the examination, demeanour of those
accompanying the prisoner, threatening statements to the examiner, etc.); and any other relevant factor;
(b) The background. A detailed record of the subject’s story as given during the interview, including alleged
methods of torture or ill-treatment, the time when torture or ill-treatment was alleged to have occurred and
all complaints of physical and psychological symptoms;
(c) A physical and psychological examination. A record of all physical and psychological findings upon clinical
examination including appropriate diagnostic tests and, where possible, colour photographs of all injuries;
(d) An opinion. An interpretation as to the probable relationship of physical and psychological findings to
possible torture or ill-treatment. A recommendation for any necessary medical and psychological treatment
or further examination should also be given[, and]
(e) A record of authorship. The report should clearly identify those carrying out the examination and should
be signed. 419
252. The Court has also indicated that, in cases of violence against women, a complete and
detailed medical and psychological appraisal should be made as soon as there is awareness of
the alleged acts by suitable trained personnel, if possible of the sex indicated by the victim,
414
Cf. World Health Organization, Guidelines for medico-legal care for victims of sexual violence, supra, inter
alia, pp. 36 and 37.
415
Cf. Police statement by Gladys Espinoza of April 28, 1993 (evidence file, folios 8269 to 8270); Statement by
Gladys Espinoza of May 7, 1993 (evidence file, folios 5804 to 5807), and Preliminary statement of Gladys Espinoza of
June 5, 1993 (evidence file, folios 9398 to 9402).
416
Cf. Statement by Gladys Espinoza of May 7, 1993 (evidence file, folios 5804 to 5807), and Preliminary
statement of Gladys Espinoza of June 5, 1993 (evidence file, folios 9398 to 9402).
417
Cf. Police statement by Gladys Espinoza of April 28, 1993 (evidence file, folios 8269 to 8270); Statement by
Gladys Espinoza of May 7, 1993 (evidence file, folios 5804 to 5807), and Preliminary statement of Gladys Espinoza of
June 5, 1993 (evidence file, folios 9398 to 9402).
418
Cf. Police statement by Gladys Espinoza of April 28, 1993 (evidence file, folios 8269 to 8270); Statement by
Gladys Espinoza of May 7, 1993 (evidence file, folios 5804 to 5807), and Preliminary statement of Gladys Espinoza of
June 5, 1993 (evidence file, folios 9398 to 9402).
419
Istanbul Protocol, supra, para. 83.
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