these probative elements does not allow it to determine whether it refers specifically to the facts of this case or whether it also cover the facts of the case of the Miguel Castro Castro Prison v. Peru. C.2.1) The context at the time of the events 315. In the instant case, the Court has found it proved that the State’s actions included a pattern of detentions that “consisted, first, in the violent arrest of the victim, accompanied by the search of the victim’s home using the same violent methods.” The detainee “was blindfolded or his face was totally covered” (supra para. 65). The CVR reported that “[o]nce the person had been deprived of liberty, he was taken to a place of confinement, which might or might not be a legal detention center. […] During the transfer, the detainee was subjected to torture and other cruel, inhuman or degrading treatment or punishment.” 430 316. Furthermore, the Court recalls that, during the armed conflict, numerous acts of rape were committed against Peruvian women by perpetrators from both the State and the subversive groups and, in the case of the State, “the sexual abuse was a generalized practice that was surreptitiously tolerated, but in some cases openly permitted by the immediate superiors” (supra para. 68). The CVR asserted that “the testimony provided […] includes not only accounts of rape. It also refers to different forms of sexual violence, such as sexual abuse, sexual blackmail, sexual harassment or inappropriate touching.” However, the CVR recognized that “cases in which a woman [was] subjected to any of these practices are not denounced” and that “the domestic criminal laws did not assist a woman who was a victim of sexual violence to denounce these acts, due to the cumbersome procedures that the complaint entailed, as well as the humiliation and shame suffered by the victim.” 431 317. According to the CVR, sexual violence “occurred from the moment of the arrest, as well as during the transfer between the different State entities.” In this regard, it indicated that the women who were detained “were subjected to inappropriate touching by all those who came near her,” and “sexual abuse, inappropriate touching, and threats of rape” were common. In response to the numerous testimonies received, the CVR made a “special mention of the Lima premises of the National Counter-terrorism Directorate (DINCOTE), which has been identified […] as a place in which sexual violence occurred repeatedly.” According to the testimonies, “[t]he ill-treatment began at the time of the arrest, during which the perpetrators identified themselves as members of the DINCOTE [… and] continued during the transfer to that entity.” In addition, the CVR reported that the sexual violence occurred “also in the DINCOTE premises on the beach and at night.” 432 318. Regarding the State’s argument that this case does not form part of the pattern described, because “it occurred in the context of the operations headed by the GEIN,” the Court notes that the State did not present any evidence to prove that the operations carried out by the GEIN were different from the operations carried out by the DINCOTE in general. The GEIN was a group attached to the DINCOTE, and the above-mentioned conclusions of the CVR do not make a distinction between the different DINCOTE groups. Furthermore, the failure of other women detained in Operation Moyano or in other cases decided by the Inter-American Court to report sexual abuse is not evidence of what happened at the time of J.’s arrest and, consequently, does not disprove the findings and conclusions of the CVR, or their applicability to this specific case. 319. In addition, the Court notes that, according to the CVR, at the time of the facts, “the prosecutors called on by law to determine the existence of abuse and report this to the judiciary 430 Report of the Truth and Reconciliation Commission, volume VI, chapter 1.4, pp. 240 and 241. 431 Report of the Truth and Reconciliation Commission, volume VI, chapter 1.5, pp. 279 and 306. 432 Report of the Truth and Reconciliation Commission, volume VI, chapter 1.4, p. 242. and chapter 1.5, pp. 315, 322, 324 and 348. 92

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