88 the patient that could alter evidence, and (x) details of any symptoms that the presumed victim has developed since that time. 414 250. From the three statements taken from Gladys Espinoza in 1993, it can be observed that: (i) none of them were received in a safe and secure environment; rather, to the contrary, they were received on the premises of the DINCOTE, where the acts of torture had occurred, 415 and two of them in the presence of military officers; 416 (ii) they were restricted to questions asked by the Investigating Officer, including questions on the existence of ill-treatment against her, 417 and there is no record that she was allowed the describe freely the facts that she considered relevant, and (iii) no relevant information was recorded on Gladys Espinoza’s background, apart from that related to her possible participation in acts of terrorism or treason. 418 Furthermore, the Court observes that, during these statements, Gladys Espinoza was required to repeat her description of the acts of torture and sexual violence perpetrated against her. 251. Second, regarding the medical examinations performed on Gladys Espinoza on April 18, 19 and 21, and May 18, 1993, as well as the psychological appraisal made on April 26 that year while she was detained in the DIVISE and the DINCOTE (supra paras. 165, 166 and 245), the Court considers that, in cases in which signs of torture exist, the medical examinations of the presumed victim must be performed with the latter’s prior and informed consent, without the presence of security agents or other State agents, and the corresponding reports should include at least the following: (a) The circumstances of the interview. The name of the subject and name and affiliation of those present at the examination; the exact time and date, location, nature and address of the institution (including, where appropriate, the room) where the examination is being conducted (e.g. detention centre, clinic, house, etc.); any appropriate circumstances at the time of the examination (e.g. nature of any restraints on arrival or during the examination, presence of security forces during the examination, demeanour of those accompanying the prisoner, threatening statements to the examiner, etc.); and any other relevant factor; (b) The background. A detailed record of the subject’s story as given during the interview, including alleged methods of torture or ill-treatment, the time when torture or ill-treatment was alleged to have occurred and all complaints of physical and psychological symptoms; (c) A physical and psychological examination. A record of all physical and psychological findings upon clinical examination including appropriate diagnostic tests and, where possible, colour photographs of all injuries; (d) An opinion. An interpretation as to the probable relationship of physical and psychological findings to possible torture or ill-treatment. A recommendation for any necessary medical and psychological treatment or further examination should also be given[, and] (e) A record of authorship. The report should clearly identify those carrying out the examination and should be signed. 419 252. The Court has also indicated that, in cases of violence against women, a complete and detailed medical and psychological appraisal should be made as soon as there is awareness of the alleged acts by suitable trained personnel, if possible of the sex indicated by the victim, 414 Cf. World Health Organization, Guidelines for medico-legal care for victims of sexual violence, supra, inter alia, pp. 36 and 37. 415 Cf. Police statement by Gladys Espinoza of April 28, 1993 (evidence file, folios 8269 to 8270); Statement by Gladys Espinoza of May 7, 1993 (evidence file, folios 5804 to 5807), and Preliminary statement of Gladys Espinoza of June 5, 1993 (evidence file, folios 9398 to 9402). 416 Cf. Statement by Gladys Espinoza of May 7, 1993 (evidence file, folios 5804 to 5807), and Preliminary statement of Gladys Espinoza of June 5, 1993 (evidence file, folios 9398 to 9402). 417 Cf. Police statement by Gladys Espinoza of April 28, 1993 (evidence file, folios 8269 to 8270); Statement by Gladys Espinoza of May 7, 1993 (evidence file, folios 5804 to 5807), and Preliminary statement of Gladys Espinoza of June 5, 1993 (evidence file, folios 9398 to 9402). 418 Cf. Police statement by Gladys Espinoza of April 28, 1993 (evidence file, folios 8269 to 8270); Statement by Gladys Espinoza of May 7, 1993 (evidence file, folios 5804 to 5807), and Preliminary statement of Gladys Espinoza of June 5, 1993 (evidence file, folios 9398 to 9402). 419 Istanbul Protocol, supra, para. 83.

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