32
indicated that they corresponded to the “Protocol for the forensic examination to detect injuries
resulting from torture on live persons” and, second, the existence of forensic reports prepared in
1993 (supra para. 73 and infra para. 245). Consequently, the prosecutor asked the Institute of
Forensic Medicine to advise whether it was necessary to perform other medical examinations on
Gladys Espinoza or, in any case, to advise on the documents or actions required to issue a ruling
so as not to duplicate the examinations that had already been performed and thus avoid
unnecessary delays. In a decision of October 5, 2012, the prosecutor reiterated these
requests. 130 There is no record in the case file of an answer from the Institute of Forensic
Medicine. The prosecutor also conducted the following investigative procedures:
a) On October 16, 2012, he asked the Forensic Clinical Division of the Criminalistics Unit of
the Institute of Forensic Medicine to perform the medical examination known as the
“Protocol for the forensic examination to detect injuries resulting from torture on live
persons” on Gladys Espinoza. 131 Accordingly, on October 24, 132 and December 13,
2012, 133 the prosecutor was advised of the names of the doctors who had been assigned
to perform this evaluation. Following several communications and the coordination of
efforts to carry out this evaluation of Gladys Espinoza in the Chorrillos Women’s Prison,
including access for the doctors and the necessary items, 134 on March 21, 2013, the
prosecutor was advised that the evaluation had not been performed because this case of
torture required a digital and an analogical camera, a film camera and two laptops. 135
Once the internal arrangements had been made within the Institute of Forensic
Medicine, 136 on October 2, 2013, the Prosecutor was advised of the names of the doctors
who would perform the evaluation, the dates of which it would be carried out, and the
devices to be used. 137
b) On December 19, 2012, 138 and March 11, 2013, 139 the prosecutor asked the Forensic
Clinical Division of the Institute of Forensic Medicine to issue a report on forensic report
No. 0-1816-H of May 18, 1993 (infra para. 166), which had concluded by indicating,
“deflowering not recent; indications compatible with recent unnatural act.” This was in
order to understand “the time frame considered when indicating a ‘recent unnatural
act.’” In response, the Forensic Clinical Division sent the prosecutor a forensic report
130
Cf. Decision of the prosecutor of October 5, 2012 (evidence file, folios 8607 and 8608).
131
Cf. Note No. 08-2008-3FPS-MP-FN of the Third Criminal Prosecutor to the Institute of Forensic Medicine of
October 16, 2012 (evidence file, folio 8615).
132
Cf. Note No. 313-2012-MP-FN-IML-JN-GECRIM/DICLIFOR/PSQ of the Institute of Forensic Medicine to the
Third Supra-provincial Criminal Prosecutor of October 24, 2012 (evidence file, folio 8625).
133
Cf. Note No. 397-2012-MP-FN-IML-JN-GECRIM/DICLIFOR/PSQ of the Institute of Forensic Medicine to the
Third Supra-provincial Criminal Prosecutor of December 13, 2012 (evidence file, folio 8783).
134
Cf. Note No. 08-2008-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Chorrillos
Women’s Prison of November 7, 2012 (evidence file, folio 8636); Note No. 27-2012-3FPS-MP-FN of the Third Supraprovincial Criminal Prosecution Unit to the National Penitentiary Institute of December 18, 2012 (evidence file, folio
8801), and Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Institute of
Forensic Medicine of March 11, 2013 (evidence file, folio 8922).
135
Cf. Report of the Assistant Provincial Prosecutor of the Third Supra-provincial Criminal Prosecution Unit of
March 21, 2013 (evidence file, folio 8941).
136
Cf. Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Institute of
Forensic Medicine of March 22, 2013 (evidence file, folios 8945 to 8946), and Decision of the Prosecutor of May 9,
2013 (evidence file, folio 10788).
137
Cf. Note No. 1080-2013-MP-FN-IML-JN-GECRIM/DICLIFOR/PSQ of the Institute of Forensic Medicine to the
Third Supra-provincial Criminal Prosecutor of October 4, 2013 (evidence file, folio 11388).
138
Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Institute of
Forensic Medicine of December 19, 2012 (evidence file, folio 8805).
139
Note No. 08-2012-3FPS-MP-FN of the Third Supra-provincial Criminal Prosecution Unit to the Institute of
Forensic Medicine of March 11, 2013 (evidence file, folio 8921).
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