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high speed weapons were used, and that the later are characterized
for producing greater destruction of the tissues and many internal
injuries in the body, besides carrying a great amount of kinetic energy,
that tends to bounce off its objective, causing even more damage;
the magnitude of the force employed can also be concluded from the
fact that agents from the police force, the army, and from special
forces such as DINOES, UDEX, SUAT, and USE participated, and the
latter were even located as snipers on the rooftops of the criminal
center and fired at the inmates (supra para. 197(21));
the type of injuries suffered by the inmates confirm that the prisoners
dodged bullets directed to them; and some prisoners died due to
explosions and burns (supra para. 187). Likewise, the prisoners
presented injuries in their backs and extremities. Besides, the majority
of the inmates that died presented between 3 and 12 bullet wounds in
the areas of the head and thorax (supra para 197(39);
despite that during the development of the “operative” several
international bodies and other organizations offered to intervene so
that the violence would cease, the State did not use other means
different to their lethal force (supra para. 197(35));
on the last day of the “operative” the state agents fired their weapons
against the inmates that exited pavilion 4B, after they had requested
not to be shot at; that is, they fired their weapons indiscriminately
against inmates that were under the control of state authorities and
did not represent a danger that called for the use of force (supra para.
197(37));
some of the inmates that were under the control of state authorities
were separated from the group and killed by police agents (supra
para. 197(38));
during the days of the “operative” it was published that, on at least
two occasions (supra para. 197(28) and 197(30)), the then President
of the Republic, Alberto Fujimori, met at the installations of the
General Army Command, known as “Pentagonito (Small Pentagon)”,
with his Cabinet and police and military authorities, to evaluate the
situation at the criminal center and to determine the actions to be
followed. Likewise, on May 10th Fujimori went to the criminal center
and walked among the prisoners lying face down on the floors of the
prison’s courtyards (supra para. 197(42));
once the “operative” had finished and being the inmates under the
control of state authorities, the State did not offer some of them the
necessary medical attention, for hours and in some cases for days,
which led to some of the dying and others resulting with permanent
physical consequences (supra para. 197(43) and 197(47));
after the “operative” had concluded some of the injured inmates that
remained hours without medical assistance were taken to hospitals,
where several of them did not receive the medications required (supra
para. 197(47)); and
state authorities incurred in gross omission in the collection,
preservation, and analysis of evidence: toxicological tests were not
performed; evidence such as bullet cases or metal fragments was not
collected; fingerprints or the deceased’s clothes were not collected
(supra para. 187); the autopsy protocols and the expert forensic
ballistic reports carried out on the dead inmates were incomplete; the
weapons seized in the “operative” were not preserved, nor were the