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away from him. The police covered his face, forced him into a car and drove him to
an office. Later, he was informed that he had been taken to the DINCOTE facilities,
in Lima. The police officers showed him a record of personal search, and told him to
sign said record. The witness read it to notice that the police officers had reported
that he was carrying three subversive leaflets. When explaining that the leaflets
were not his, the witness was violently slapped on his face.
On the following day, his parents went to the DINCOTE for information. That day,
the police were going to conduct a search of the alleged victim’s house. The
witness’ father objected to said search as it would be conducted in the absence of a
prosecutor. Faced with the threat of being detained, the witness’ mother got scared
and told her husband to allow the search, as she believed that there was nothing to
hide in her house, and that her son was innocent.
Four police officers went to the alleged victim’s house to conduct the search while
the witness remained outside in a van. After four hours, they made him come into
the house, told him that they had finished the search, and that they would take his
computer with them. The police officers asked him to sign the record of the search
without allowing him enough time to read it and claiming that his family had
already signed it. The witness saw the signature of his bother, her mother, and the
signature of the police officers on the record. However, the witness insisted that he
wanted to read it. Under the pressure exerted by the police officers, who told him
not to delay the procedure any longer, Mr. García-Asto signed the record. Later,
the police officers used the alleged victim’s land-line telephone to call the
prosecutor. Afterwards, two prosecutors arrived at the house, and one of them
signed the record.
The witness never got to understand the charges brought against him, not even at
the time of his conviction as he was found guilty by a “faceless” court
communicating via loudspeakers. The only thing he understood was that a codefendant had claimed that the witness was his support, and that the court
sentenced him to twenty years’ imprisonment. However, he never confronted his
co-defendant, not event at the trial.
In the DINCOTE’s facilities, the alleged victim was held incommunicado for fifteen
days. He did not have the right to retain an attorney-at-law of his choice. No expert
opinions or confrontation hearings were required or held. In July 1995, he was
transferred to Castro-Castro Prison, where no medical assistance or legal advice
was available. He was never informed of his rights.
In July 1999, he was transferred to Yanamayo Prison, which was quite distant from
the place of residence of his next of kin. In that prison, he was not afforded
adequate medical assistance. Whenever a doctor prescribed him some medicine,
the pharmacy would only give him half the medication and tell him he would be
given the other half later on, which never happened. Furthermore, there was no
fixed schedule for meals, there was no way to heat them up, and there was no
boiling water available. The alleged victim’s next of kin who used to visit him had to
undergo a personal search and empty the bags of food they were carrying. When
the inmates demanded to be allowed to go out to the prison yard, police officers
would always get them out when it was raining or hailing. As punishment, the
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