80
226. In this regard, several international organizations have recognized that, during armed
conflicts, women and children face specific situations that affect their human rights, such as acts
of sexual violence, which is frequently used as a symbolic means of humiliating the opposing
party or as a means of punishment and repression. 381 The use of the State’s power to violate the
rights of women during an internal conflict, in addition to affecting them directly, may be aimed
at having an effect on society through such violations and providing a message or a lesson. 382 In
particular, rape is a paradigmatic form of violence against women which has consequences that
even transcend the person of the victim. 383
227. Thus, during the public hearing before the Court, expert witness Julissa Mantilla asserted
that, in armed conflicts, “sexual violence is not a casual act; it is not an act that is disconnected
from the war, but rather […] it may be a strategy of war.” 384
228. The Court notes that witness Félix Reátegui, principal adviser to the President of the CVR
and operational coordinator of the Final Report Unit, classified sexual violence against women in
Peru as a “pattern of criminality” because “while it was a recurring action by both non-State [..]
and State agents – in other words, members of the Armed Forces and the Police – […] acts of
sexual violence have a recurrence, a generalization and a systematization which indicate that, at
certain times and in certain places, it is necessary to speak of crimes against humanity that can
be attributed to both State and non-State agents.” He also indicated that these acts could have
an instrumental or a non-instrumental motivation, as follows: “a motivation that may be called
instrumental that is associated with the intention of punishing the victim; destroying the victim
morally; punishing, humiliating and morally destroying the man by using the body of the woman
victim; extracting confessions by torture. The other aspect, non-instrumental, is simply the
exercise of absolute power that men have over women; in some cases also being used as a
“reward” that the head of an armed unit gives to his subordinates so that they may obtain
sexual satisfaction with the woman who, thus, in this case is used as one of the spoils of war for
the sexual satisfaction of the soldiers or subordinates.” 385
229. The Court has already established that the acts of violence and rape perpetrated against
Gladys Espinoza during her detention in the DIVISE and the DINCOTE were consistent with the
generalized practice of sexual violence that existed in Peru at the time of the facts (supra para.
67). In this regard, the Court recalls that a significant number of women detainees were
subjected to gender-based sexual violence owing to their real or presumed personal involvement
in the armed conflict, as well as those whose partners were real or supposed members of the
subversive groups (supra para. 63). In the instant case, the Court has already established that
the torture to which Gladys Espinoza was subjected, which included rape and other forms of
sexual violence, took place in the context of a detention and was aimed at obtaining information
on the abduction of a businessman by the MRTA. The Court also recalls that the State agents
who arrested her together with Rafael Salgado threatened him that unless he provided
information on the whereabouts of this businessman, “20 [men would] have their way with her”
381
Cf. Case of the Miguel Castro Castro Prison v. Peru, supra, paras. 223 and 224, and Case of the Massacres of El
Mozote and nearby places v. El Salvador, supra, para. 165. See also, Committee for the Elimination of Discrimination
against Women, General Recommendation 19: Violence against women, supra, para. 16, and Commission on Human
Rights, Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika
Coomaraswamy, submitted in accordance with Commission on Human Rights resolution 2000/45, “Violence against
women perpetrated and/or condoned by the State during times of armed conflict (1997-2000)”, UN Doc.
E/CN.4/2001/73, 23 January 2001.
382
Cf. Case of the Miguel Castro Castro Prison v. Peru, supra, para. 224, and Case of the Massacres of El Mozote
and nearby places v. El Salvador, supra, para. 165.
383
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 119, and Case of the Massacres of El Mozote and
nearby places v. El Salvador, supra, para. 165.
384
Testimony provided by Julissa Mantilla during the public hearing on merits held in this case.
385
Affidavit made on March 27, 2014, by Félix Reategui Carrillo (merits file, folios 921 and 926).
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