62
the establishment
“Admissions”.36
consists
of
a
yard
and
administrative
office,
known
as
197(13)
In the time in which the events occurred, pavilion 1A of the Miguel
Castro Castro Prison was occupied by around 135 female inmates and 50 male, and
pavilion 4B was occupied by approximately 400 male inmates.37 The inmates of
pavilions 1A and 4B were accused or convicted for the crimes of terrorism or
treason,38 and they were allegedly members of the Sendero Luminoso.39 Many of
them had been accused and were awaiting conviction, and in some cases they were
acquitted.40
197(14)
On April 14, 1992 an inspection was carried out within pavilion 1A of
the Miguel Castro Castro Prison. Directors of the criminal center, the delegate
inmates of said pavilion and representatives of the Public Prosecutors’ Office, among
others, intervened in the mentioned inspection. In the records of the inspection it
has been stated that no fire weapons, explosives, or excavations of tunnels were
found.41
“Operative Transfer 1”
197(15)
Law Decree No. 25421 of April 6, 1992 ordered the reorganization of
the National Penitentiary Institute (INPE) and put the National Police of Peru in
charge of the control of security at the penitentiaries. It was within the framework of
this stipulation that “Operative Transfer 1” was planned and executed.42 The official
version was that said “operative” consisted in the transfer of the women that were
36
Cfr. Photographs of the Miguel Castro Castro Prison (dossier of appendixes to the petition,
appendix 256, folios 2796 through 2823); and map of the Miguel Castro Castro Prison (dossier of
appendixes to the petition, appendix 254, folios 2781 through 2787).
37
Cfr. Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27, 2003
in the city of Lima, Peru, Volume V, section 2(22), The prisons, page 703 and Volume VII, section 2(68)
Extrajudicial killings in the criminal center Canto Grande, page 771 (dossier of appendixes to the petition,
appendix 6, corresponding to a compact disc); and argument of the State during the public hearing held
before the Inter-American Court on the 26th and 27th days of June 2006.
38
Cfr. lists of the inmates detained in pavilions 1A and 4B of the Miguel Castro Castro Prison
(dossier of appendixes and appendixes to the petition, appendixes 13, 14, and 15, folios 167 through
262); and argument of the State during the public hearing held before the Inter-American Court on the
26th and 27th days of June 2006.
39
Cfr. Final Report of the Commission for Truth and Reconciliation, CVR, issued on August 27, 2003
in the city of Lima, Peru, Volume VII, section 2(68) Extrajudicial killings in the criminal center Canto
Grande, page 770 (dossier of appendixes to the petition, appendix 6, corresponding to a compact disc).
40
Cfr. Different testimonial statements offered by surviving inmates and the next of kin of surviving
and dead inmates (dossier of appendixes to the petition, appendixes between 82 and 246, folios between
1226 and 2732); different forms of written statements offered by surviving inmates and the next of kin of
surviving and dead inmates (dossier of appendixes to the brief of pleadings and motions, appendixes
between 317 and 412, folios between 3643 and 4933); testimonial statement offered by Gaby Balcázar
Medina in the public hearing held before the Inter-American Court of the 26th and 27th days of June 2006;
and different forms of statements offered by surviving inmates and the next of kin of surviving and dead
inmates (evidence presented by the other group of representatives of the alleged victims and their next of
kin).
41
Cfr. Inspection records of April 14, 1992 (dossier of the processing of the case before the
Commission, volume I, folio 4004).
42
Cfr. Law decree No. 25421 issued by the President of the Republic of Peru on April 6, 1992,
Article 2 (dossier of appendixes to the petition, appendix 7, folio 74).