67 285). This absence of investigation prevents the State from presenting a satisfactory and convincing explanation of the alleged ill-treatment and disproving the arguments about its responsibility, with adequate probative elements. 316 B.2.7. Determination of the ill-treatment that occurred 179. Taking into account the context established by the Court as regards the practice of detentions, torture, cruel, inhuman and degrading treatment, as well as sexual violence and the rape of women, perpetrated by State agents as part of the counter-subversive struggle in Peru (supra paras. 60 to 66), the Court considers that, based on: (i) the final report of the CVR; (ii) the statements of Gladys Espinoza from 1993 to 2014; (iii) the above-mentioned reports prepared by the DIVISE and the DINCOTE in 1993; (iv) the aforementioned medical and/or psychological certificates and reports issued between 1993 and 2014; (v) the testimony of Manuel Espinoza Gonzáles and Lily Cuba, and (vi) the failure to investigate the facts of the case, it is sufficiently proved that, at the time of the initial arrest of Gladys Espinoza, she was on a motorcycle with Rafael Salgado, when, while shots were fired, she was physically assaulted by unknown State officials, and received a blow to the back of her head, among others, in order to force her into the vehicle in which she was taken to the DIVISE headquarters while she received death threats against herself and her family and threats of being infected with “AIDS,” and while she heard that they threatened her companion that “the 20 men were going to take advantage of her” if he did not talk (supra para. 158). 180. In addition, the Court finds that it has been sufficiently proved that, during her time on the premises of the DIVISE and the DINCOTE in April and May 1993, Gladys Espinoza was blindfolded, interrogated concerning the abduction of a businessman, forcibly undressed, threatened that she and her family would be killed, that she would be disappeared, and that she would be infected with “AIDS,” and physically abused on repeated occasions and in different ways, including by beating her whole body, even the soles of her feet, her back and head. In addition, she was tied up and suspended, and her head was submerged in fetid water. She also heard the cries of her partner, Rafael Salgado. Likewise, the Court finds it proved that Ms. Espinoza Gonzáles was subjected to inappropriate touching, vaginal and anal penetration with hands and, in the latter case, also with an object. Also her breasts and her pubic hair were pulled and one of her attackers tried to put his penis in her mouth. 181. The State has not contested that Ms. Espinoza Gonzáles remained incommunicado for some time in the DIVISE and the DINCOTE. In this regard, it is a proven fact that Teodora Gonzáles went to the DINCOTE for the first time because, on April 23, 1993, a police agent had told her that her daughter was there in a serious state of health (supra para. 74). The Court also recalls that, initially, the DINCOTE authorities denied that she was there, allowing them access to her two weeks later and only for a few minutes (supra para. 174). On May 7, 1993, Ms. Espinoza gave a statements in the presence of the Investigating Officer of one of the DINCOTE offices and of her lawyer (supra para. 127). It is also pertinent to point out that the CVR Final Report refers to the use of the practice of incommunicado during the armed conflict. In fact, the CVR, citing the National Human Rights Coordinator in her 1993-1994 Report on Torture indicated that “in application of the special anti-terrorist laws, almost all detainees had been kept incommunicado, restricting their right of defense and subject to the decision of the police themselves as regards the establishment of their legal situation; in other words, to which jurisdiction they should be subject (military or civil).” 317 Thus, the Court recalls that article 12.d of Decree Law No. 25,475, in force at the time of the facts in question, authorized the National Police to order the absolute incommunicado of detainees (supra para. 115). Consequently, the 317 Cf. Informe Final de la Comisión de la Verdad y Reconciliación, Volume VI, Chapter 1.4, p. 222.