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imposed in the emergency terrorism laws and by the victim’s imprisonment for several years at
Yanamayo Prison.
VII.
CONCLUSIONS
235.
In this report the Inter-American Commission has evaluated all the elements available in
the case file in light of the human rights provisions of the inter-American system and other applicable
instruments, jurisprudence, and doctrine, in order to decide on the merits of the matter brought before it.
The IACHR ratifies its conclusions whereby the Peruvian State is responsible for violations of the rights
enshrined in Articles 5.1, 5.2, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 11.1, 11.2, 8.1, and 25.1 of the American
Convention, in conjunction with Article 1.1 thereof. It also concludes that the State is responsible for
violating Article 7 of the Convention of Belém do Pará, and Articles 1, 6, and 8 of the Inter-American
Convention to Prevent and Punish Torture, with respect to Gladys Carol Espinoza. Regarding the victim’s
next-of-kin, the IACHR ratifies its conclusion that the State is responsible for violating Article 5.1. of the
American Convention, in conjunction with Article 1.1 thereof, with respect to Teodora Gonzales Vda. de
Espinoza and Marlene, Mirian, and Manuel Espinoza Gonzales.
VIII.
RECOMMENDATIONS
236.
Based on the analysis and conclusions of this case, the Inter-American Commission on
Human Rights recommends that the Peruvian State:
1.
Conduct an immediate, serious, and impartial investigation into the torture and rape of
Gladys Carol Espinoza as established in this report, with a gender-aware perspective.
2.
Identify all parties responsible for those acts, be they military or civilian, and impose on
them the corresponding civil, administrative, and criminal penalties as a guarantee of nonrepetition.
3.
Investigate and establish the civil, administrative, and criminal responsibilities of the
medical personnel, officers of the National Police of Peru, agents of the Public Prosecution Service, and
judicial officials who committed irregularities in connection with the allegations of torture lodged on behalf
of Gladys Carol Espinoza.
4.
Extend reparations to Gladys Carol Espinoza Gonzales and her next-of-kin for the human
rights violations established herein. That redress shall be comprehensive and shall including treatment for
her physical and mental health by specialized medical personnel and agreed on jointly with the victim,
until her recovery can be established.
5.
Adopt the legislative, administrative, and other measures necessary to ensure that
allegations of torture and sexual violence involving members of the security forces are investigated on an
ex officio basis and with due diligence. Implement training programs for the public officials responsible for
enforcing those measures.
6.
Design protocols to facilitate and encourage the effective, uniform, and transparent
investigation of acts of physical, sexual, and psychological violence, taking into account the international
provisions established in the Istanbul Protocol and other applicable international rules.
7.
Develop training programs for state officials, taking into account the international
provisions set forth in the Istanbul Protocol, to ensure those officials have the technical and scientific
elements necessary for evaluating potential cases of torture or cruel, inhuman, or degrading treatment.
8.
Implement, within a reasonable time, permanent human rights education programs within
all hierarchical levels of its police forces, and include in the curriculum of those training programs a
particular reference to international human rights instruments, specifically those related to the protection
of the rights of women, particularly their right to a life free of violence and discrimination.