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Gladys Espinoza in various places and on different occasions. The determination of whether
these facts have been proved will be made in Chapter VIII.2.
B.4. Investigation into the alleged acts of violence, in particular sexual violence,
perpetrated against Gladys Carol Espinoza Gonzáles (Third Supra-provincial Criminal
Prosecutor, Case file No. 08-2012)
84.
Absence of investigations until the report of the Inter-American Commission. Despite the
numerous denunciations starting in 1993, no investigation was conducted into the alleged acts
of violence and, in particular of sexual violence, perpetrated against Gladys Espinoza. It was
only recently, when the Inter-American Commission notified its final report to the State on June
8, 2011, that the process was set in motion that led to the investigation by the Third Supraprovincial Criminal Prosecutor of Lima. Thus, on October 19, 2011, the Minister of Justice
requested the Prosecutor General to comply with the recommendations made by the InterAmerican Commission in its Report on Admissibility and Merits in the case of Gladys Espinoza. 92
Thereafter, various communications were exchanged between the Supra-national Special Public
Attorney, the senior prosecutor Coordinator of the National Criminal Superior Prosecution Unit
and Supra-provincial Criminal Prosecution Units, and the Prosecutor General’s Office 93 and,
finally, on February 1, 2012, the Prosecutor General’s Office, decided “[t]o expand the territorial
jurisdiction, at the national level, of the Supra-provincial Criminal Prosecutor to assume the
investigation of the case of ‘Gladys Carol Espinoza Gonzáles.’” 94 Consequently, on February 28,
2012, the Third Supra-provincial Criminal Prosecutor was requested to assume the investigation
of the case, and copies of the criminal proceedings instituted against Gladys Espinoza for
terrorism, No. 509-2003, were forwarded to her. 95
85.
Opening of the investigation. The prosecutor assigned to the case began preliminary
investigation No. 08-2012 for crimes against the personal and sexual liberty, and the torture of
Gladys Espinoza, based on the following facts: (i) those that occurred between April 17 and June
24, 1993 (abduction, arbitrary detention, torture and rape), and (ii) those that took place during
her incarceration in the Yanamayo Maximum Security Prison between January 17, 1996, and
April 17, 2001, and the incident that occurred on August 5, 1999 (torture). 96 On June 15, 2012,
the case was assigned to a new prosecutor who continued to head the investigation until a
criminal complaint was filed before the judge of the case. 97
86.
Lines of investigation. Three lines of investigation were opened. The first line was aimed
at identifying the individuals or police agents who had intercepted Gladys Espinoza in April 1993.
The second line was designed, on the one hand, to identify the police agents who were in charge
of the investigation opened against Gladys Espinoza for the crime of terrorism by the DINCOTE
92
Cf. Note N. 444-2011-JUS/DM of the Minister of Justice to the Prosecutor General of October 18, 2011
(evidence file, folio 6968).
93
Cf. Note No.2199-2011-JUS/PPES of the Supra-national Special Public Attorney to the senior prosecutor
Coordinator of the National Criminal Superior Prosecution Unit and Supra-provincial Criminal Prosecution Units of
November 8, 2011 (evidence file, folio 6966), and Note No. 1669-2011-FSPNC-MP-FN of the senior prosecutor
Coordinator of the National Criminal Superior Prosecution Unit and Supra-provincial Criminal Prosecution Units to the
Prosecutor General of December 2, 2011 (evidence file, folio 6959).
94
Prosecution decision No. 327-2012-MP-FN of the Prosecutor General’s Office of February 1, 2012 (evidence
file, folio 8015).
95
Cf. Note No. 275-2012-FSPNC-MP-FN of the senior prosecutor Coordinator of the National Criminal Superior
Prosecution Unit and Supra-provincial Criminal Prosecution Units to the Third Supra-provincial Criminal Prosecutor
(evidence file, folio 8012).
96
Cf. Order to open an investigation issued by the Provincial Prosecutor, Fanny Daphne Escajadillo Lock, of the
Third Supra-provincial Criminal Prosecution Unit, of April 16, 2012 (evidence file, folios 8016 to 8024).
97
Cf. Order issued by the Provincial Prosecutor Yony Efraín Soto Jiménez of the Third Supra-provincial Criminal
Prosecution Unit of June 27, 2012 (evidence file, folio 8189).