47
208.
The Commission must now determine whether the acts referred to constitute torture or cruel,
inhuman or degrading treatment, which would be violations of Article 5(2) of the American Convention. Whatever
the nature of the acts in question, they are behaviors strictly prohibited under the international law of human
rights.
209.
From the facts established, the Commission notes that Mr. Galindo was detained on October 16,
1994 and could not receive visitors until October 17, when he was visited by his sister and wife. The Commission
notes, too, that while on October 26, 1994, the Attorney General visited Mr. Galindo at the military base and was
told by him that he had been detained in that room since October 16 -10 days, in other words- and that although
he had not suffered physical mistreatment, he had suffered “the psychological mistreatment that comes with
incarceration,” the Attorney General did not take any action in this regard. The Commission observes that
between October 26 and November 9 –the date on which he was visited by two representatives from the Red
Cross- he was held completely isolated from the outside world; and again from November 9 to the date of his
release on November 16, 1994, in other words another 7 days.
210.
The Commission notes that the State has admitted that it held Mr. Galindo Cárdenas
incommunicado initially, although it does not indicate for how long; it also admits that thereafter he was allowed
only three visits. Based on the facts established, the Commission observes that the Armed Forces did not allow the
President of the Supreme Court to communicate in any way with Mr. Galindo; on two different occasions, three
congressmen who had made the trip to Huánuco were not permitted to speak with Mr. Galindo.
211.
The petitioner also states that while Mr. Galindo was deprived of his liberty at the military base,
he had access to drinking water for only 10 minutes in the morning and 10 minutes in the afternoon; at night
measures were taken to intimidate him and soften him up, such as having the “hooded repentant terrorist” enter
his cell to point him out as being the “democratic lawyer”; the head of the Huánuco Military-Political Command
tried to exert psychological pressure on him to get him to apply for protection under the Repentance Law and to
get him to accuse the President of the Huánuco Superior Court and two other judges of being members of the
Sendero Luminoso, which he refused. The State did not present any argument on this point.
212.
The Report of Peru’s Truth and Reconciliation Commission states that the prohibition and
subsequent restriction of the use of petitions of habeas corpus, the legal authorization given to hold a person
incommunicado, and the denial of access to an attorney until the first statement was made to the prosecutor were
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major contributing factors to the widespread practice of torture in police establishments. . According to the Final
Report of the Truth and Reconciliation Commission, confessions and other self-incriminating statements were used
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on a mass scale to support indictments and win convictions for terrorism and treason.
Absent any control over
the actions of police during pretrial investigation, the Truth and Reconciliation Commission underscored the fact
that certain administrative practices were instrumental in institutionalizing torture starting in 1992, such as
164
I/A Court H.R., Case of Bulacio v Argentina. Judgment of September 18, 2003, Series C No. 100, paragraph 127.
165
Final Report of Peru’s Truth and Reconciliation commission, 2003, Volume VI, 1.4 torture and cruel, inhuman or degrading treatment,
page 221, available [in Spanish] at www.cverdad.org.pe/ifinal/index.php. See also Human Rights Watch, Peru: The Two Faces of Justice, July 1,
1995, Prosecution of Terrorism and Treason Cases, Interrogation and Torture, available at: www.unhcr.org/refworld/docid/3ae6a7ed4.html.
See also, Amnesty International, Human Rights in a Time of Impunity, May 1996, Section 2. The Anti-Terrorism Laws: A Violation of
International Standards – Widespread Torture. Available at:
http://www.amnesty.org/en/library/asset/AMR46/001/1996/en/571c6b89-eb0f-11dd-aad1-ed57e7e5470b/amr460011996en.html
.
166
Final Report of Peru’s Truth and Reconciliation commission, 2003, Volume VI, 1.4 torture and cruel, inhuman or degrading
treatment, page 215, available [in Spanish] at www.cverdad.org.pe/ifinal/index.php..