35 94. On July 26, 2013, 161 the prosecutor asked the Board of Senior Prosecutors of Puno for the file of the investigation into the ill-treatment of one of the five women who were with Gladys Espinoza based on the incident that occurred on August 5, 1999, during the inspection made in the Yanamayo Prison. In reply, on August 14 162 and September 13, 163 2013, the Board of Prosecutors of Puno advised the Provincial Prosecutor that, with regard to the acts of violence that took place in the said prison, it only had a record of a complaint concerning the illtreatment of one of the five women who was with Gladys Espinoza, and forwarded copies of the corresponding case file. 95. It is on record that, during 2012 and 2013, testimony was received from two prosecutors, 164 eight police agents of the Peruvian National Police, 165 and two female prisoners 166 who were in the Yanamayo Prison on August 5, 1999. B.4.3. Conclusions of the investigation 96. Ruling on merits. In a decision of March 31, 2014, the prosecutor of the Third Supraprovincial Criminal Prosecution Unit issued a ruling on merits in which he decided to bring charges “for the presumed crime of abduction, for the presumed crime of rape and torture, in the case of the events that occurred in 1999, and to archive the crime of torture that took place in 1993 because, at that time Peru had no criminal law with regard to such events,” 167 and ruled as follows: 1. 2. 3. 4. 5. TO ARCHIVE the proceedings with regard to the complaint based on the offense against public administration: abuse of authority, established in article 376 of the Criminal Code to the detriment of the State; TO ARCHIVE the proceedings with regard to the complaint based on the crime […] against humanity: torture, established in article 321 of the Criminal Code, to the detriment of Gladys Carol Espinoza Gonzáles for the acts that occurred in 1993, based on strict respect for the principle of legality that regulates criminal law, classifying these acts in paragraph (1) of article 152 of the Criminal Code; TO BRING CRIMINAL CHARGES against [eighteen persons] as presumed co-perpetrators of the crime against liberty: abduction contained in the first paragraph of article 152 of the Criminal Code, contained in the first paragraph of the definition of the basic offense; and [eight persons] will be charged with the aggravating circumstances contained in paragraph (1) of article 152, classifying this act as a crime against humanity under international criminal law; TO BRING CRIMINAL CHARGES against [one person], as presumed perpetrator by improper omission of the crime against sexual liberty: rape, contained in article 170 of the Criminal Code, to the detriment of Gladys Carol Espinoza Gonzáles; classifying this act as a crime against humanity under international criminal law; TO BRING CRIMINAL CHARGES against [one person] as presumed perpetrator by improper omission of the crime against humanity: torture, contained in the first paragraph of article 321 of the Criminal Code, to the detriment of Gladys Carol Espinoza Gonzáles. 168 97. Complementary decision. In a decision of April 3, 2014, the prosecutor of the Third Supra-provincial Criminal Prosecution Unit decided: 161 Cf. Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Board of Senior Prosecutors of Puno, of July 26, 2013 (evidence file, folio 11057). 162 Cf. Note No. 6783-2013-MP-PJFS-DF-Puno of the Board of Senior Prosecutors of Puno to the Third Supraprovincial Criminal Prosecutor, of August 14, 2013 (evidence file, folios 11110 to 11124). 163 Cf. Note No. 7743-2013-MP-PJFS-DF-Puno of the Board of Senior Prosecutors of Puno to the Third Supraprovincial Criminal Prosecutor, of September 13, 2013 (evidence file, folios 11225 to 11297). 164 Cf. Statements of prosecutors (evidence file, folios 11305 to 11311, and 11312 to 11317). 165 Cf. Statements of eight police agents (evidence file, folios 9031 to 9037; 10772 to 10779; 10994 to 11001; 10849 to 10855; 10858 to 10863; 10865 to 10871; 10913 to 10917, and 11087 to 11094). 166 Cf. Statements of two female prisoners (evidence file, folios 8198 to 8204, and 10928 to 10933). 167 Testimony of Yony Efraín Soto Jiménez during the public hearing held on April 4, 2014. 168 Ruling on merits of March 31, 2014, by the Third Supra-provincial Criminal Prosecutor in the case of Gladys Carol Espinoza Gonzáles (evidence file, folios 12530 and 12531).