54 participation in unlawful activities.” 233 These elements were sufficient to conclude that the presumed acts perpetrated by DIVISE and DINCOTE agents in April and May 1993 constituted torture. The Commission also argued that, while on the premises of the DIVISE and of the DINCOTE, Gladys Espinoza was a victim of forced nudity, ill-treatment, sexual touching, anal penetration with a wooden object, and vaginal penetration with her assailants’ hands, and was also forced to perform oral sex on one of them. 234 Also, according to the Commission, Peru failed to order a criminal investigation to clarify these events and to punish those responsible. Furthermore, in its final written observations, the Commission indicated that the State had not adopted a consistent position during the proceedings before the Court because, in its answering brief, Peru had denied that such acts had occurred, while during the public hearing, it had merely affirmed that an investigation had been opened into these facts. Consequently, Peru failed to comply with the obligation to respect and to ensure the rights recognized in Article 5(1) and 5(2) of the American Convention, in relation to Article 1(1) of this instrument. It also considered that the State had violated Articles 1 and 6 of the Inter-American Convention to Prevent and Punish Torture (ICPPT) and, owing to the alleged acts of sexual violence, Article 11(1) and 11(2) of the American Convention, all to the detriment of Gladys Espinoza. 145. The representatives argued that the detention of Gladys Espinoza was made without having followed any judicial procedure whatsoever, which constituted an initial violation of her physical integrity. They also affirmed that, at the time of her arrest and during her transfer to the DIVISE headquarters, the presumed victim was beaten, threatened and intimidated, all of which violated her personal integrity. In addition, they argued that, while Ms. Espinoza was on the premises of the DIVISE and the DINCOTE, she was the victim of different kinds of torture and cruel, inhuman and degrading treatment, 235 as well as various forms of sexual violence perpetrated by State agents. 236 In this regard, they affirmed that the State had systematically 233 According to the Commission, the continuing acts of violence had caused her to suffer from suffocation, fainting, convulsions, loss of consciousness and inability to feel pain, temporal and spatial disorientation, and such anxiety that she begged her assailants to kill her, and inflicted intense suffering on the victim, who subsequently developed a range of physical and mental afflictions. 234 During the public hearing, and in its final written observations, the Commission argued that, in this case, the evidence required in order to consider that the acts of sexual violence were proved had been verified, because: (i) the victim’s testimony has been consistent over time in the numerous statements she had made; (ii) the medical certificates issued weeks and months after her arrest, despite their defects, reveal the physical effects on the victim and show how her physical condition was worsening; (iii) the testimony of Lily Cuba and Gladys Carol Espinoza’s brother was consistent with the physical and mental condition of the presumed victim; (iv) the expert appraisal made by Dr. Carmen Wurst de Landázuri, who diagnosed the victim with post-traumatic stress syndrome and major depression, reveals a condition compatible with victims of sexual violence; (v) the context of the sexual violence that took place during the fight against terrorism; (vi) to date the criminal proceedings instituted for the acts of torture and sexual violence against the victim are at an initial stage, and (vii) all the elements that constitute torture are present in the acts of violence suffered by Ms. Espinoza, because these acts were committed deliberately by State agents, in order to humiliate her, punish her, reduce her physical resistance, and obtain information on her supposed links to the crimes of which she was accused, acts that had permanent physical and psychological effects on the presumed victim. 235 They indicated that, this ill-treatment included forced nudity, blows, insults and abuse, blows to the soles of the feet, hanging her by the hands, and other treatment, and being subjected to the technique of asphyxia in sewage water, known as the “submarine.” 236 The representatives stated that Gladys Espinoza was a victim of forced nudity, she suffered anal violation with a wooden object, vaginal penetration with the agents’ hands, and had been forced to perform oral sex by one of the agents who took part in the torture. In addition, she had been obliged to remain undressed, covered by a sheet, while they hit her, insulted her, interrogated her, fondled her hips and vulva, and pulled on her pubic hair and breasts. According to the representatives, this was corroborated by four medical reports resulting from the five examinations that she underwent during her detention, as well as by her statements and those of other witnesses, and the expert psychological appraisal of Ana Deutsch. They argued that the presumed acts of torture suffered by Ms. Espinoza were fully consistent with the modus operandi of the practice of torture that existed in Peru at the time of the facts, and that this should be analyzed also taking into consideration that Rafael Salgado, detained together with Ms. Espinoza, presumably died because of the torture he was subjected to in the DIVISE and that his autopsy revealed that he had been a victim of similar acts to those suffered by the presumed victim. They also indicated that, in this case, there were several reasons for the presumed torture, stressing that during the torture sessions, the State agents asked the presumed victim for information on names, places and individuals related to the abduction of the businessman Antonio