63
162. The case file contains three documents issued by DIVISE and DINCOTE agents
concerning the circumstances of the detention of Gladys Espinoza and Rafael Salgado and the
State established its version of what happened based on them (supra para. 147). Report No.
002-IC-DIVISE of April 17, 1993, issued by DIVISE officials, indicates that agents “proceeded to
pursue [… Rafael Salgado and Gladys Espinoza,] and […] the vehicle […] collided with the
motorcycle, [and] following strong resistance and the use of the respective weapons,” the
agents were able to capture both of them. This report added that, “as a result of the violent
collision of the said vehicles, the motorcyclist and his passenger suffered a catastrophic fall,
which caused injuries to different parts of the body […].” 293 Attestation No. 108-D3-DINCOTE of
May 15, 1993, and Report No. 259-DINTO-DINCOTE of June 3, 1993, both issued by the
DINCOTE, ratify this description of the circumstances of the detention of Gladys Espinoza, and
indicate the items seized at that time. 294
163. In this regard, the Court considers that the possible existence of a collision between the
vehicle of the police agents with the motorcycle on which Gladys Espinoza was riding does not
exclude that she was subsequently beaten by these agents. Regarding the injuries suffered by
Gladys Espinoza, these DIVISE and DINCOTE reports only refer, in general, to “injuries to
different parts of the body” resulting from “a catastrophic fall,” without specifying their nature or
severity. 295 Consequently, the Court considers that the information contained in the said reports
of the DIVISE and the DINCOTE does not disprove the facts alleged by the presumed victim.
B.2.4. Medical and psychological certificates issued between 1993 and 2014
164. In order to establish the facts, the Court finds it relevant to assess the medical and/or
psychological certificates issued with regard to the presumed victim between 1993 and 2014.
165. Regarding what happened during her detention, first, the Court takes into account the
certificate issued on April 22, 1993, by forensic doctors of the Criminalistics Directorate of the
Peruvian National Police, with the medical assessment made of Gladys Espinoza on April 18,
1993, a day after her detention. 296 This document identifies a series of injuries suffered by
Gladys Espinoza on both arms and on her scalp, which are consistent with her account of her fall
from the motorcycle and with the blow to her head before she was forced into a vehicle (supra
para. 71).
166. In relation to her detention on the premises of the DIVISE and the DINCOTE, the case file
contains the following medical and/or psychological reports and certificates issued in 1993 on
examinations performed on Gladys Espinoza after the above-mentioned assessment of April 18
that year, which record various injuries: (i) the certificate issued on April 20, 1993, which
records the medical examination performed on the presumed victim on April 19, 1993, by
forensic doctors of the Institute of Forensic Medicine of Peru 297 (ii) the medical report issued on
April 26, 1993, identified as Note No. 235-SE.HC.PNP.604000.93, which describes the medical
examination performed on Gladys Espinoza by the Emergency Service of the Hospital of the
293
Cf. Report No.002-IC-DIVISE of April 17, 1993 (merits file, folios 5830 and 5831)
294
Cf. Attestation No. 108-D3-DINCOTE of May 15, 1993 (merits file, folios 5783 and 5784); Report No. 259DINTO-DINCOTE of June 3, 1993 (merits file, folios 1469 to 1470), and Statement by Gladys Espinoza of May 7, 1993
(evidence file, folio 5805).
295
Cf. Attestation No. 108-D3-DINCOTE of May 15, 1993 (merits file, folios 5783 and 5784), and Report No.
259-DINTO-DINCOTE of June 3, 1993 (merits file, folios 1469 and 1470).
296
Cf. Record of appraisal by forensic doctors No. 4775/93 of April 22, 1993 prepared by forensic doctors of the
Criminalistics Directorate of the Peruvian National Police (evidence file, folio 1565).
297
Cf. Certificate of medical examination No. 16111-L of April 20, 1993 prepared by forensic doctors of the
Institute of Forensic Medicine of Peru (evidence file, folio 1567).
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