11
outside world has caused some young conscripts to develop symptoms of mental illness that are
generally genetic, such as psychosis, schizophrenia or depression, which they have never before
manifested.”8
48.
Although the Ombudsman’s Report recognized that the institutional policy of the Armed
Forces was attempting to diminish the problems that resulted from an erroneous interpretation of the
concept of military discipline,9 it also indicated that according to Notice No. 12009 MINDEF-K of January
25, 1999, the current Minister of Defense sent a communication to the General Commanders of the
Army, the Marines and the Air Force indicating that despite the measures issued to avoid disciplinary
infractions, instances of abuse of authority, etc., these events had increased significantly.10
49.
For its part, the UN Committee Against Torture indicated as a cause of concern with
regard to Peru in a report of 2006 that there continued to be “complaints from recruits who were
performing military service related to torture and cruel treatment.” 11
1.
Facts of the case
50.
Valdemir Quispealaya Vilcapoma was born on August 13, 1978 in the district of Santa
Rosa de Sacco, Yauli province, in the region of Junin.12 On November 14, 2000, Valdemir Quispealaya,
who was then 22 years old, entered voluntarily and in optimal physical condition in the military base
“December 9th” in the city of Huancayo to perform his military service, where after having passed the
medical examination, he was sent first to the B Battalion (Buitres) in the city of Jauja to receive military
training. Subsequently, he was sent to the “December 9th” military base, where he was assigned to the
communications battalion No. 31 of Huancayo.13 According to Articles 4814 and 4915 of the Regulations
8
Annex 34. Ombudsman’s Report No. 42, “The right to life and personal integrity in the context of the performance of
military service in Peru,” pp. 136-137.
9
Annex 34. Ombudsman’s Report No. 42, “The right to life and personal integrity in the context of the performance of
military service in Peru,” p. 51.
10
Annex 34. Ombudsman’s Report No. 42, “The right to life and personal integrity in the context of the performance
of military service in Peru,” pp. 52-53.
11
United Nations, Committee Against Torture, CAT/C/PER/CO/4 of July 25, 2006, para. 12.
12
Annex 3. RENIEC, Online consultation, details about citizen Valdemir Vilcapoma Quispealaya. Annex 1 from the
petitioners’ communication of February 5, 2006.
13
Annex 1. Investigation 101(2)-2002, document signed by Angel R. Carpio Aquise, Provincial Criminal Prosecutor of
the 2nd Criminal Prosecutor’s Office of Huancayo of September 20, 2002, to the Criminal Court on Duty of Huancayo. Annex to
the State’s Report of November 4, 2005; Annex 2. Complaint presented by the Human Rights Commission (COMISEDH) for the
comisión of the crime against the person-physical and psychological torture before the Office of Public Prosecutions, received
by the Parties’ Roundtable of the Office of Public Prosecutions (Mesa de Partes de la Fiscalía de la Nación) on February 28,
2002. Annex 15 to the petitioners’ Communications of February 5, 2006.
14
Article 48. –Procedure of Qualification and Selection
The Qualification and Selection of the recruits will take place at the time and place that they enlist, taking into
account the following aspects:
a. Physical and psychosomatic aptitude.
b. Level of training.
c. Criminal, judicial and/or police record.
15
Article 49. – The Selected Recruit.