22
111.
Although the laws then in force allowed for preventive custody at police facilities for a
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maximum period of thirty days during investigations into treason against the fatherland, Ms. Espinoza
Gonzales was detained as such for eighty days, from April 17 to June 24, 1993, when she as transferred
to Chorrillos Women’s Maximum Security Prison. During the first days of her arrest, the victim was kept
completely incommunicado, before being transferred to cells shared with other inmates some days after
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her admission to the DINCOTE.
112.
On April 27, 1993, the DINCOTE asked the Special Military Judge of the Peruvian Air
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Force Judicial District to extend the victim’s custodial period. In document No. 108-D3-DINCOTE of May
15, 1993, that police division concluded that Gladys Carol Espinoza was responsible for the crime of
treason against the fatherland and brought her before the Military Prosecutor of the Permanent Court99
Martial of the Peruvian Air Force. On June 1, 1993, an investigation commencement deed with arrest
warrant was issued against Gladys Carol Espinoza, with instructions for her to remain in custody at the
National Antiterrorism Directorate.
113.
According to the victim’s statements, her first appearance before a judge took place on
June 24, 1993, when she was brought before the Special Military Court of the Peruvian Air Force Judicial
District. Prior to that date, Gladys Carol Espinoza had not been able to talk with counsel of her choosing
and she had been allowed only one visit by her mother and brother, following the intervention of the
APRODEH organization and an express order from Gen. Antonio Ketin Vidal Herrera, the Director of the
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DINCOTE at that time.
114.
From the facts established in the previous paragraphs, the Commission believes it has
been proven that the victim was held at police facilities from April 17 to June 24, 1993, and that during the
first days of her custody she was held totally incommunicado. Finally, the IACHR take it as established
that the victim was taken before a judicial authority of the military justice system on June 24, 1993, eighty
days after her arrest.
4.
The acts of violence carried out against Gladys Carol Espinoza by members of the
Peruvian National Police
115.
The petitioners allege that between April and May 1993, Gladys Carol Espinoza suffered
torture and various forms of sexual violence at the facilities of the DIVISE and the DINCOTE in Lima and
that those facts are established in reports prepared by professionals belonging to the National Police of
Peru and the Legal Medicine Institute. In addition, they contend that although there are psychological
evaluations that cast doubt on the torture claims, the expert report provided by Dr. Carmen Wurst
concluded that those evaluations contained a series of inconsistencies.
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Decree Law No. 25744 of September 21, 1992, Article 2.a, available on the web site of the Congress of the Republic of
Peru: www.congreso.gob.pe/ntley/Imagenes/Leyes/25744.pdf.
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Annex 3: Statement given by Gladys Carol Espinoza to members of APRODEH and CEJIL at Chorrillos Women’s
Prison, September 22, 2009, pp. 3 and 4.
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Annex 12: Report No. 2074-DR-DINCOTE, May 27, 1993, signed by National Police Major Alberto Sarmiento Gutiérrez,
para. II.C.3.
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Annex 12: Report No. 2074-DR-DINCOTE, May 27, 1993, signed by National Police Major Alberto Sarmiento Gutiérrez,
para. II.E.
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Annex 17: Psychological report by Dr. Carmen Wurst Calle de Landázuri of October 8, 2008, based on interviews with
Gladys Carol Espinoza at Chorrillos Women’s Maximum Security Prison, p. 5; enclosed with the petitioners’ communication of
September 14, 2010, and received by the IACHR on that same date. See also: undated communication from the petitioners,
received by the IACHR in January 1999, p. 3. That document is signed by Mrs. Teodora Gonzales Vda. de Espinoza and it reads:
“Thanks to the assistance of individuals and charitable organizations like APRODEH, we were able to arrange a hearing with PNP
Inspector Gen. Ketin Vidal, who gave orders for me to be allowed to see my daughter.”