27
The incident that occurred in that prison will be assessed in Chapter VIII.2 which relates to the
alleged violations of the personal integrity of Gladys Espinoza.
80.
Declaration of the nullity of the military proceedings. On February 17, 2003, the Superior
Criminal Chamber of the Supreme Court nullified all the measures taken in the criminal
proceedings instituted before the military jurisdiction for the crime of treason. Accordingly, the
Provincial Prosecutor filed a complaint and opened an investigation in the ordinary jurisdiction
against Gladys Espinoza as the presumed perpetrator of the crime against public peace –
terrorism.
81.
Proceedings in the ordinary jurisdiction. During the criminal proceedings instituted for the
perpetration of the crime against public peace - terrorism, Gladys Espinoza made a statement
before the Second Special Criminal Court for Crimes of Terrorism on August 28, 2003. 84 In
addition, she presented briefs dated December 16, 2003, 85 and March 15, 2004, 86 addressed to
the President of the National Terrorism Chamber. On this occasion she reported that she had
been the victim of acts of violence during her detention, as well as acts of violence, rape and
torture while on the premises of the DIVISE and the DINCOTE (infra para. 265). Also, on
December 10, 2003, she presented a brief to the President of the National Terrorism Chamber,
in which she asked, among other matters, to undergo a forensic and psychological appraisal in
order to determine “whether [she had] been the victim of torture.” 87 Consequently, the “Protocol
for the forensic examination to detect injuries resulting from torture on live persons” was
performed on Gladys Espinoza, and this only resulted in a psychological appraisal report of
February 13, 2004, 88 and two forensic reports of January 22 and February 20, 2004. 89 On March
1, 2004, the National Terrorism Chamber delivered judgment convicting Gladys Espinoza of the
crime against public peace – terrorism and imposed 15 years’ imprisonment on her, to end on
April 17, 2008. 90
82.
Nullity and amendment of the judgment. On November 24, 2004, the Permanent
Criminal Chamber of the Supreme Court of Justice declared the nullity of this last judgment and
the decision imposing 15 years’ imprisonment on Gladys Espinoza, amended this, and imposed
25 years’ imprisonment to end on April 17, 2018. 91 As indicated (supra para. 6), the presumed
victim continues to be incarcerated in the Chorrillos Women’s Maximum Security Prison, serving
this latest sentence.
B.3. The alleged acts of violence, in particular sexual violence, perpetrated against
Gladys Espinoza
83.
Some of the essential facts of this case relate to the allegations of numerous acts of
violence and, in particular, of rape and other forms of sexual violence, perpetrated against
84
Cf. Preliminary statement of Gladys Espinoza of August 28, 2003 (evidence file, folios 7423 to 7427).
85
Cf. Brief of December 16, 2003 (evidence file, folios 1091 to 1099).
86
Cf. Brief of March 15, 2004 (evidence file, folio 10485).
87
Cf. Brief of Gladys Espinoza of December 10, 2003, addressed to the President of the National Terrorism
Chamber (evidence file, folios 10062 to 10065).
88
Cf. Psychological appraisal report No 003737-2004-PSC of February 9 and 10, 2004, issued by the Institute of
Forensic Medicine (evidence file, folios 1453 to 1455).
89
Cf. Forensic report No. 003821-V of January 22, 2004, issued by the Institute of Forensic Medicine of the Public
Prosecution Service (evidence file, folios 1557 to 1563), and Forensic report No. 009598-V of February 20, 2004,
issued by the Institute of Forensic Medicine (evidence file, folios 1573 and 1574).
90
1530).
Cf. Judgment of March 1, 2004, delivered by the National Terrorism Chamber (evidence file, folios 1513 to
91
Cf. Final judgment issued by the Permanent Criminal Chamber of the Supreme Court of November 24, 2004
(evidence file, folios 6154 to 6159).