113
also victims of the attack to the criminal center. The pregnant women who lived
through the attack experimented an additional psychological suffering, since besides
having seen their own physical integrity injured, they had feelings on anguish,
despair, and fear for the lives of their children. The pregnant inmates that have been
identified before this Court are Mrs. Eva Challco, who approximately one month after
the attack had her son Said Gabriel Challco Hurtado; Vicenta Genua López, who was
five months pregnant; and Sabina Quispe Rojas, who was eight months pregnant
(supra para. 197(57)). In this sense, besides the protection granted by Article 5 of
the American Convention, it is necessary to point out that Article 7 of the Convention
of Belem do Pará expressly states that the States must ensure that the state
authorities and agents abstain from any action or practice of violence against
women.
293. Based on the aforementioned, this Tribunal considers that the State is
responsible for the violation of the right to humane treatment of the inmates that
were injured during the events of May 6 to 9, 1992, which constituted a violation to
Article 5 of the American Convention. Likewise, the Court considers that, in the
circumstances of the present case, the totality of the acts of aggression and the
conditions in which the State deliberately puy the inmates (those that died and those
that survived) during the days of the attack, which caused all of them a serious
psychological and emotional suffering, constituted a psychological torture carried out
in offense of all the members of the group, with violation of Articles 5(1) and 5(2) of
the American Convention, and 1, 6, and 8 of the Inter-American Convention to
Prevent and Punish Torture. Besides, this Court considers that the violation to the
right to humane treatment of Mrs. Eva Challco, Sabina Quispe Rojas, and Vicenta
Genua López was exacerbated by the fact that they were pregnant, thus the acts of
violence had a greater effect on them. Likewise, the Court considers that the State is
responsible for the acts of torture inflicted on Julia Marlene Olivos Peña, in violation
of Article 5(2) of the American Convention and of Articles 1, 6, and 8 of the InterAmerican Convention to Prevent and Punish Torture.
2)
Treatments received by the inmates after May 9, 1992 and during their
transfer to other criminal centers and to hospitals
294. The inhuman conditions in which the majority of the inmates had to remain
once the attack of May 9, 1992 had concluded have been proven (supra para
197(42)). It has also been proven that on May 10, 1992 the former President of
Peru, Alberto Fujimori Fujimori, was at the Miguel Castro Castro Prison and walked
among the inmates lying face down on the ground of the courtyards of said
establishment (supra para. 197(43)), directly verifying the conditions in which they
were in.
295. The Court finds it especially gross that the inmates that were injured and kept
in the areas of the mentioned criminal center known as “no man’s land” and
“admissions” did not receive medical attention (supra para. 197(42)). The State had
the duty to offer them the medical attention required, considering that it was the
direct guarantor of their rights.
296. It has also been proven that a minority of the inmates were transferred to the
Police Sanity Hospital on May 9, 1992 (supra para. 197(44)) and that during their
transfers they suffered new breaches to the physical, psychic, and moral integrity.
They were transferred in overcrowded conditions and they were beaten by the police