DINCOTE informed a Lima provincial criminal prosecutor and an investigating court of the detention
of Ms. J. and her younger sister. 140 The file before this Court contains no official information on
where Ms. J. was between April 13 and 14. According to J.’s mother, she went to the DINCOTE on
April 14 to look for her two daughters; however, they were not registered and she was therefore
unable to find them until the third day. 141 Moreover, the prosecutor [of the Public Prosecution
Service] declared that she “took the citizen to the DINCOTE” and that the detainee registers “are
clearly the responsibility of police personnel.” 142
93.
On April 18, 1992, Ms. J. underwent a forensic medical examination “[t]o determine:
physical condition, old or recent injuries” 143 by two male forensic physicians. 144 The certificate
states that:
[S]mall abrasions (2) [were] observed – one on the underside of the left scapular, and the other in the right
paravertebral region at the level of the 12th dorsal and 1st lumbar vertebra. Bruising on one side of 1/3 of
the left thigh; back of both legs of 1 to 3 cm diameter, another under the right patella of 2 x 3 cm. All of
them in the process of healing. Does not require medical leave. 145
94.
The DINCOTE detainees register indicates that Ms. J. left the DINCOTE Center on April 28,
1992, at 3 p.m. 146 On April 30, 1992, Ms. J. entered the Miguel Castro Castro National Penitentiary
Institute. 147 Meanwhile, J.’s younger sister was released on April 28, 1992, and considered to be
“summoned” and notified “to appear […] before the competent judicial authority as often as this
was […] required.” 148
E.3 Criminal proceeding against Ms. J.
149
95.
Following Ms. J.’s arrest, the DINCOTE made various requests for information about the
presumed victim. 150 Also, on April 21, 1992, Ms. J. gave her statement in the DINCOTE offices in
the presence of her defense counsel. 151 The information gathered from the said requests, Ms. J.’s
statement, and the information collected during the different searches provided the basis for
140
Cf. Attestation No. 084–DINCOTE of April 25, 1992 (file of annexes to the answering brief, annex 23, folio 3365).
141
Cf. Affidavit prepared by J.’s mother on June 13, 2006, for the case of the Miguel Castro Castro Prison (file of annexes
to the motions and arguments brief, annex 1, folio 3000). See also, sworn statement made by Emma Vigueras on May 15, 2000
(file of annexes to the motions and arguments brief, annex 2, folios 3008 and 3009).
142
Statement made by Magda Victoria Atto Mendives during the public hearing held in this case.
143
Note No. 3900-OCD-DIRCOTE of April 14, 1992 (file of annexes to the answering brief, annex 32, folio 3673).
144
Cf. Affidavit prepared by the witness Nancy Elizabeth De la Cruz Chamilco on May 8, 2013 (merits report, folio 1068),
and forensic medicine certification No. 15339-L of April 18, 1992 (file of annexes to the answering brief, annex 30, folio 3663).
145
3663).
Forensic medicine certification No. 15339-L of April 18, 1992 (file of annexes to the answering brief, annex 30, folio
146
Cf. DINCOTE detainee register (file of annexes to the answering brief, annex 28, folio 3659).
147
Cf. Note No. 091-97-URD-EPREMCC-INPE of August 25, 1997 (file of annexes to the answering brief, annex 34, folio
3678).
148
Note No. 4348-DINCOTE of April 28, 1992 (file of annexes to the answering brief, annex 33, folio 3676); DINCOTE
detainee register (file of annexes to the answering brief, annex 28, folios 3657 and 3659); release order No. 109 of April 28,
1992 (file of annexes to the answering brief, annex 64, folio 4252), and attestation No. 084–DINCOTE of April 25, 1992 (file of
annexes to the answering brief, annex 23, folio 3620).
149
The Court does not have a complete copy of the file of the criminal proceeding against Ms. J., only some of the
measures taken.
150
Cf. Note No. 170-DINCOTE-DIRCOTE of April 16, 1992 (file of annexes to the answering brief, annex 29, folio 3661),
and attestation No. 084–DINCOTE of April 25, 1992 (file of annexes to the answering brief, annex 23, folio 3366).
151
Cf. Statement of Ms. J. of April 21, 1992 (file of annexes to the answering brief, annex 31, folio 3668).
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