12
of Law No. 271278, “Law of Voluntary Service,” the corresponding medical exam was practiced on Mr.
Quispealaya to determine his physical and psychosomatic aptitude.
51.
The petitioners complained to the Attorney General on February 28, 2002 that during
the period of military training, S01 EP Juan Hilaquita Quispe, who was in charge of directing the military
training, beat Valdemir Quispealaya and his companions with sticks in the back and in the legs and
abused them psychologically in a way that affected their dignity.16
52.
On January 23, 2001, Mr. Quisepalaya was together with members of his company
(officials, noncommissioned officers and troopers), specifically with Second Sergeants José Lazo Medina
and Delfín Alcántara Durán, carrying out shooting practice in the firing range of Azapampa17 when S01
EP Juan Hilaquita Quispe, after insulting Mr. Quispealaya for making mistakes in his shooting, dealt him
a blow with the butt of his regulation firearm (an FAL gun) in the forehead and the right eye.18
53.
The petitioners complained to the Attorney General on February 28, 2002 that Mr.
Quispealaya lost consciousness as a result of the blow and fell to the floor, where he was attended by
Technician EP Calderón, who after helping him regain consciousness, put a patch on his right eye and
ordered him to continue practicing.19 Similarly, they reported that when the practice had finished, Mr.
Quispealaya went to the base infirmary, where they gave him eye drops to help the watering of his eye.
They stated that noncommissioned officer Juan Hilaquita Quispe threatened that Mr. Quispealaya would
disappear if he reported these events and identified the former as the aggressor.20
54.
The petitioners indicated that the swelling went away with time, but Mr. Quispealaya
began to suffer from strong, prolonged headaches and pain in his right eye, as well as loss of vision. As a
The recruit who meets ideal conditions for active service in accordance with the preceding article will be qualified as
SELECTED.
Those selected individuals who do not enlist voluntarily in active service will be part of the reserves.
16
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.
17
Annex 4. Decision on final closing of the case file before the military courts of March 24, 2007, signed by Permanent
Military Judge of Huancayo, Julio César Enciso Quilla. Annex to the State’s communication of 10 July 2008.
18
Annex 1. Investigation 101(2)-2002, document signed by Angel R. Carpio Aquise, Provincial Public Prosecutor of the
Second Criminal District of Huancayo of September 20, 2002, sent to the Criminal Trial 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.
19
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.
20
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.