20
Parties of Democratic Reconciliation, whose mission was to ascertain the
situation of Chileans being held in Peruvian jails and prisons.
He visited Yanamayo Prison, some 3,800 meters above sea level, to meet
with the Chilean citizens incarcerated there. However, he was unable to visit
with them because, by law, those convicted of treason had to be held
incommunicado for the first year of incarceration.
In his conversation with the warden of Yanamayo Prison, the latter explained
that prisoners were allowed a half-hour in the prison yard each day and spent
the rest of the day confined to their cells, which they shared with two other
inmates. The cells were outfitted with sanitary facilities, but had no windows.
The witness also testified that the warden had told him that inmates had
access to the library. Books for prisoners could be sent to the library, but
were censored before being given to them. For economic reasons, medical
care was poor. The climate was bad because of the altitude.
There were no prison incentives. If inmates disobeyed the rules, they were
punished in a variety of ways, one being suspension of their half-hour in the
prison yard. The witness testified that while he had seen prisons in other
countries, the system at Yanamayo was the strictest he had ever seen.
***
VI
FACTS PROVEN
86.
The Court will now consider the following material facts that the documentary
evidence and testimony given in the instant case have established:
86.1 From 1980 to 1994, Peru experienced a terrible social upheaval caused
by terrorist violence.20
86.2 DINCOTE is the organ charged with preventing, reporting and
combating treason. Suspects may be held on DINCOTE premises for up to 15
days, with the possibility of another 15-day extension. If the investigation so
warrants, suspects may be held incommunicado.21
86.3 Jaime Francisco Sebastián Castillo Petruzzi, Lautaro Enrique Mellado
Saavedra, María Concepción Pincheira Sáez and Alejandro Luis Astorga Valdez
are Chilean citizens.22
20.
Cf. Declaration of Lima on Hemispheric Cooperation to Prevent, Combat and Eliminate Terrorism,
approved at the Inter-American Specialized Conference on Terrorism, held in Lima in April 1996; the
State’s brief of February 9, 1999; the Commission’s final pleading and the State’s final pleading.
21.
Cf. Articles 1 and 2.a) of Decree-Law No. 25,744, promulgated on September 28, 1992; articles
4 and 5 of Decree-Law No. 24,150, promulgated on June 8, 1985; Decree-Law No. 740 (amending Article
5 of Law No. 24,150, to regulate relations between the Military Political Command in areas where states of
emergency have been declared, and various authorities within its jurisdiction), promulgated on November
8, 1991; Article 12.c) and d) of Decree Law No. 25,475, May 5, 1992.
22.
Cf. Birth certificate A7965145, birth certificate A7965144, birth certificate A7965146 and birth
certificate 12,874,542, all issued in July 1997, Appendix VI.