20
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facility. As will be described below, the State has provided no documents produced by DIVISE agents
recording the arrest and subsequent admission of the victim to that police complex.
101.
Given the failure to record the victim’s arrest, the various sources cited by the CVR that
contradict the official National Police version, and the fact that Gladys Carol Espinoza’s statements are
consistent with each other and with the CVR’s conclusions, the IACHR believes that there was no violent
collision involving the motorcycle on which Ms. Espinoza Gonzales was traveling on April 17, 1993. The
IACHR takes it as established that on that date, the victim was detained by a number of DIVISE agents in
civilian clothing and was beaten, threatened, and insulted, including when she was immobilized inside
their vehicle. The IACHR also takes it as proven that DIVISE agents acting under the orders of Filomeno
Héctor Enciso Alvarado failed to record the victim’s admission to that police division’s facility.
2.
Absence of a warrant for the arrest of Gladys Carol Espinoza, and absence of
elements indicating the commission of an in flagrante crime
102.
The petitioners allege that the detention of Gladys Carol Espinoza was carried out
without the DIVISE agents being in possession of an arrest warrant. In turn, the State contends that
“there were reasonable indications that the accused […] was involved in the crime of terrorism, and so the
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arrest was not inappropriate.”
103.
The police reports available to the Commission refer to incident reports 033-IC-DIVISE
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and 002-IC-DIVISE and to document 015-IC-DIDCOL, which were supposedly prepared by DIVISE
agents and which record the circumstances of the victim’s arrest. In spite of this, the State has provided
no copies of documents prepared by the DIVISE recording Ms. Espinoza Gonzales’ arrest.
104.
In the conviction handed down on June 25, 1993, the Special Military Investigating Judge
of the Peruvian Air Force Judicial District said that:
Police Report No. One Zero Eight Hyphen DINCOTE indicates that the items found in the
possession of the accused at the time of her arrest, – consisting of a pineapple grenade, voice
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distorter, a beeper, a notebook […] prove she was an outlaw.
105.
In this judgment and others issued by the military courts, there are no references to any
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other police reports indicating the items in Gladys Carol Espinoza’s possession at the time of her arrest.
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According to the information in the case file, police report 108-DINCOTE is dated May 15, 1993 – in
other words, almost one month after the victim’s arrest.
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Annex 11: Report No. 140-93EMG/DIPANDH, June 14, 1993, signed by National Police Major Carlos Rey Cachay
Gómez, para. 2.a; enclosed with the State’s communication of September 2, 1993, and received by the IACHR on September 3 of
that year. Annex 5: Report No. 259-DINTO-DINCOTE, June 3, 1993, signed by National Police Colonel Oscar E. Chávez Ferreyros.
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Annex 10: Audio of the hearing on Case 11.157, held on October 23, 2008, during the IACHR’s 133rd regular session;
address by the representative of the Peruvian State, at 39’05’’ a 39’17’’ in the recording.
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Annex 12: Report No. 2074-DR-DINCOTE, May 27, 1993, signed by National Police Major Alberto Sarmiento Gutiérrez,
paras. II (a) and (b); enclosed with the State’s communication of September 2, 1993, and received by the IACHR on September 3 of
that year.
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Annex 9: Judgment of June 25, 1993, File No. 037-93-TP, issued by the Special Military Investigating Judge of the
Peruvian Air Force Judicial District, whose identity was recorded by means of the code NLO 1215, first whereas clause (emphasis
added).
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Annex 13 (a): Judgment of September 28, 1993, issued by the Special Military Court of the Peruvian Air Force Judicial
District; (b): Judgment of February 24, 1994, File No. 037-93-TP-ZJFAP, issued by the Special Court of the Supreme Military
Council for Treason against the Fatherland; documents enclosed with the petitioners’ communication of September 14, 2010, and
received by the IACHR on that same date. Annex 9: Judgment of June 25, 1993, File No. 037-93-TP, issued by the Special Military
Investigating Judge of the Peruvian Air Force Judicial District, whose identity was recorded by means of the code NLO 1215.
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para. II.C.6.
Annex 12: Report No. 2074-DR-DINCOTE, May 27, 1993, signed by National Police Major Alberto Sarmiento Gutiérrez,