18
ii)
Purpose
82.
In his statement rendered before the judge investigating the acts of mistreatment
(supra para. 71), Mr. Bueno-Alves alleged that said acts were aimed at having him make a
confession against Carlos Alberto Baltasar Pérez-Galindo, his counsel at the time. In view of
these facts and considering the acknowledgement made by the State, the Court considers
that said mistreatment was specifically aimed at forcing Mr. Bueno-Alves to make a
confession.
iii)
Suffering
83.
Lastly, upon determining the degree of suffering endured by the victim, the Court
must take into account the specific circumstances of each case, in view of objective and
subjective factors. The former refer to the characteristics of mistreatment, such as the
duration, the method or manner used to inflict harm, and the physical and psychological
effects such harm may cause. The latter refer to the characteristics of the individual
undergoing mistreatment, including age, gender, health condition, and any other personal
circumstance.46
84.
The suffering endured by Mr. Bueno-Alves is reflected in his initial statement, in
which he claimed that “after being beaten in that manner, […] he reacted saying ‘kill me.’”47
Similarly, the physical effects of such mistreatment are also particularly relevant. Based on
the findings of the medical experts who submitted their reports (supra para. 37), the
mistreatment suffered by Mr. Bueno-Alves caused him “a 2mm-diameter perforation of the
eardrum”48 which resulted in a 0.3 percent and 16.7 percent hearing loss in the left and
right ears, respectively, as well as deep psychological suffering. Indeed, the psychiatrists
that rendered their reports in these proceedings stated that:
As regards the facts of the instant case […], his statement is clear, emotional but discreet at the
same time. It is not grandiloquent and it is not meant to cause emotional impact on the audience.
The summary is plausible. […] After such episode, which occurred more than eighteen years ago, all
events in his existence seem to be associated in some way or another to said fact. As symptoms
derived therefrom, he mentions […] amnesia, sleeping disorders, permanent fear and alert feelings,
total work inactivity and a social and emotional lifestyle conditioned by the safety and security
measures implemented after the events occurred in 1988. It was then, according to his sayings,
particularly while he was under arrest, that he started suffering from skin and eating disorders. […]
His mental activity and his daily life […] seem to be governed by this issue, which seems to be his
raison d’être. All his psychological energy is focused on that. He has implemented a system of
continuous preventive measures, together with a hyper-vigilant attitude. […] There are no indicators
of simulation.49
46
Cf. Case of the Street Children (Villagrán-Morales et al.), supra note 44, para. 74, and Case of LoayzaTamayo. Judgment of September 17, 1997. Series C No. 33, para. 57.
47
Cf. Statement of Mr. Bueno-Alves of April 8, 1988 (record of appendixes to the application, appendix 7,
folio 223).
48
Cf. Medical report issued by doctor José Bello on April 26, 1988 (record of appendixes to the application,
appendix 7, folio 307).
49
Cf. Expert’s report (affidavit) of doctors Ravioli, Taragano, Nievas, and Schlenker (record on the merits,
Volume III, folios 1051 and 1052).
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