41
97(53) Wilson García-Asto was deprived of his liberty from June 30, 1995 to August 6,
2004, when he was released (supra para. 97(48)).
97(54) Since July 18, 1995 to July 20, 1999 Wilson García-Asto was confined at
Castro-Castro Prison, located in Lima. Under the legislation then in force, during the
first year of detention he was kept in solitary confinement and was allowed to go out to
the prison yard for only half an hour, and visits were restricted only to his next of kin.
97(55) On July 20, 1999 Wilson García-Asto was transferred to Yanamayo Prison,
located in Puno, at 3,800 meters above sea level, where he was confined up to
September 21, 2001.52 At Yanamayo Prison Wilson García-Asto was not given
adequate medical care, the food was scarce, temperatures were extremely low, he had
no access to work material or printed media,53 and visits were restricted.54
97(56) On September 21, 2001 Wilson García-Asto was transferred to Challapalca
Prison, located in Tacna.55 The alleged victim was confined there up to August 21,
2002. Said prison was at over 4,600 meters above sea level.56 The local average
temperature during most of the year is about 8º or 9º C during the day, dropping
suddenly overnight as low as -20ºC.57 The alleged victim was punished for five
months, during which he was not allowed to go out to the prison yard.58 He did not
have clothes heavy enough to endure the local low temperatures.59 The prison cells
and hall had no heating and prisoners were not allowed to have heaters or portable
stoves in their cells.60 No drinking water, proper medical services or sports facilities
52
Cf. Certificate of criminal record of Wilson García-Asto issued by the National Penitentiary Institute
on April 11, 2005 (case file on the merits, volume IV, page 869); and case file of precautionary measures
ordered by the Inter-American Commission on behalf of Wilson García-Asto (case file of appendixes to the
application, volume 3, appendix 64, page 1091).
53
Cf. Statement given by Wilson García-Asto before the Inter-American Court of Human Rights on
May 10, 2005; fact acknowledged by the State.
54
Cf. Affidavit made by Celia Asto-Urbano on April 5, 2005 (case file of affidavits and comments
thereon, page 5951); fact acknowledged by the State.
55
Cf. Statement given by Wilson García-Asto before the Inter-American Court of Human Rights on
May 10, 2005; and affidavit made by Celia Asto-Urbano on April 5, 2005 (case file of affidavits and
comments thereon, page 5951).
56
Cf. IACHR, report on the situation of human rights at Challapalca Prison, Department of Tacna,
Republic of Peru, OAS/Ser.L/V/II.118. Doc. 3 of October 9, 2003 (case file of appendixes to the brief of
requests and arguments, volume 1, appendix 5, page 1739); and Ombudsman’s report of May 30, 1997
(case file of appendixes to the application filed by the Inter-American Commission, volume III, appendix 65,
page 1101).
57
Cf. IACHR, report on the situation of human rights at Challapalca Prison, Department of Tacna,
Republic of Peru, OAS/Ser.L/V/II.118. Doc. 3 of October 9, 2003 (case file of appendixes to the brief of
requests and arguments, volume 1, appendix 5, page 1739); and Ombudsman’s report of May 30, 1997
(case file of appendixes to the complaint lodged by the Inter-American Commission, volume III, appendix
65, page 1101).
58
Cf. Statement given by Wilson García-Asto before the Inter-American Court of Human Rights on
May 10, 2005; this fact was not challenged by the State.
59
Cf. Statement given by Wilson García-Asto before the Inter-American Court of Human Rights on
May 10, 2005; this fact was not challenged by the State.
60
Cf. IACHR, report on the situation of human rights at Challapalca Prison, Department of Tacna,
Republic of Peru, OAS/Ser.L/V/II.118. Doc. 3 of October 9, 2003 (case file of appendixes to the brief of
requests and arguments, volume 1, appendix 5, page 1743).
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