55
97(118) On September 1, 2005, the National Criminal Chamber (Sala Penal Nacional)
rejected the request for release on bail filed by Urcesino Ramírez-Rojas, holding that
the aforementioned request was funded on innocence assumptions and that the
requirements set forth in Article 182 of the Criminal Procedural Code of 1991 were not
complied with. Said request was processed in a separate case file from that of the
main proceedings on File No. 667-03-B.119
97(119) Urcesino Ramírez-Rojas has been deprived of his freedom since his arrest in
July 1991 (supra para. 97(70)).
Regarding the imprisonment conditions of Urcesino Ramírez-Rojas
97(120) After his arrest, on July 28, 1991, Urcesino Ramírez-Rojas was taken to a
dark cell in the basement of the DINCOTE facilities, which only had a small orifice as
entrance. He was kept there for three days in isolation, incommunicado, and without
any blankets. On the third day, he could talk to an attorney retained by his next of kin.
97(121) On August 10, 1991, Urcesino Ramírez-Rojas was taken to “the confinement
room of the Palace of Justice.”
97(122) On August 13, 1991, he was taken to Castro-Castro Prison until September
30, 1994. During the first year he was held in said prison, Urcesino Ramírez-Rojas
remained locked in his cell for twenty-three hours and a half every day. The cells were
fully closed and had only a small opening to pass on food. Until 1992, Urcesino
Ramírez-Rojas lived with six other inmates and visits were restricted to his next of kin
once a week. Since 1992, the alleged victim lived with two other inmates and visits
were restricted to his next of kin for half an hour every thirty days.
97(123) On October 1, 1994, Urcesino Ramírez-Rojas was taken to Huacariz Prison, in
Cajamarca. Given the distant location of said prison, he was not visited by his next of
kin.
97(124) Urcesino Ramírez-Rojas’ physical and psychological health deteriorated as a
consequence of the conditions in which he was kept deprived of his freedom.120
97(125) In 1998, while he was detained in Huacariz Prison, in Cajamarca, Urcesino
Ramírez-Rojas underwent prostate surgery. In February 1999, he was diagnosed with
acute epididymitis of his left testicle; therefore, he was hospitalized again.
97(126) On November 6, 2000, Urcesino Ramírez-Rojas was transferred to El Milagro
de Trujillo Prison.121
119
Cf. Judgment rendered by the National Criminal Chamber (Sala Penal Nacional) on File No. 667-03
“B”, on September 1, 1995 (case file on the merits, volume V, page 1372).
120
Cf. Testimony rendered on April 8, 2005, by Urcesino Ramírez-Rojas before a notary public
(affidavit) (case file of affidavits and comments, page 5995 to 5997); and testimony rendered on June 19,
2004, by Urcesino Ramírez-Rojas (case file of appendixes to the brief of requests and arguments, volume 1,
appendix 16, page 1836).
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