95
characteristics, they are individuals who tend to lie and to play down their defects and errors,
always giving more attention to the satisfaction of their own needs.” They added that “these
characteristics are not definitive; as noted, they are only features of a personality [that] in this
case was histrionic and dissocial.” They also asserted that “a histrionic trait means that the
individual tends to manipulate others, not only during an interview but also by other means; the
reference to secondary gains means that there is an unspecified interest that the individual
seeks to achieve through their life history.” They also indicated that the inmate with histrionic
and dissocial personality traits tends to violate norms and rules.” 453
272.
In this regard, expert witness Rebeca Cook stated before the Court that “[t]he
characterization of a woman suspected of criminal activity as a ‘bad girl’ allows her maturity and
humanity to be denied and, thereby, exempts those in charge of her custody from
responsibility.” She asserted that, the characteristics often attributed to women suspected of
having committed offenses include: “being assertive, manipulative, lacking credibility, and with a
tendency to challenge authority.” The expert witness added that when “[j]udges hold similar
gender stereotypes with regard to women suspects, this may result in the decision on the
latter’s innocence or guilt not being founded on appropriate evidence, or even that more severe
punishments are imposed on them than on women suspects who submit to male authority.” 454
Hence, the Court recognizes and rejects the gender stereotype according to which women
suspected of having committed an offense are considered to be intrinsically untrustworthy or
manipulative, especially in the context of judicial proceedings. In this regard, the Court has
stated that assessments of this nature reveal “a discretional and discriminatory opinion based on
the procedural situation of the women […].” 455
273. Meanwhile, expert witness María Jennie Dador stated before the Court that, when
investigating cases of sexual violence and torture reported in Peru, the judicial authorities had
“accorded too much significance to the medical forensic examinations, the integrity of the
hymen or ‘loss of virginity,’ and evidence of physical signs of violence, without considering that,
neither at that time nor today, were there or are there technical and scientific or human
resources that would allow the justice system to obtain the necessary evidence to charge the
assailants.” 456
274. In its judgment of March 1, 2004, the National Terrorism Chamber assessed the
psychological evaluations performed by the forensic doctors in January and February 2004 in
order to evaluate the admissibility of eliminating probative elements allegedly obtained by
means of “humiliating treatment and torture, and also sexual abuse by unknown individuals
[because it was] prohibited evidence […].” When referring to these psychological appraisals, the
Chamber asserted that they “show that the accused has histrionic and dissocial traits, and the
psychological appraisals examined during the deliberations indicated that these characteristics
correspond to an immature and insecure personality, that does not easily accept frustration, and
that manipulates others in order to obtain advantages.” Moreover, it declared the elimination
requested inadmissible, because Gladys Espinoza had given a consistent version of the facts
without providing “any kind of self-incriminating version, […]; consequently, there is no causal
relationship between the physical ill-treatment that the accused allegedly suffered and the
obtaining of inculpatory evidence; thus it can be ruled out that it is prohibited evidence.” 457 In
the reasoning of this judgment, the National Terrorism Chamber did not use the content of the
453
10389).
Statement by the psychologists M.C.L. and R.M.O. of February 26, 2004 (evidence file, folios 10387 to
454
Affidavit made by expert witness Rebecca Cook on March 27, 2014 (merits file, folios 1135 and 1136).
455
Mutatis mutandi, Case of J. v. Peru, supra, para. 352.
456
Affidavit made by expert witness María Jennie Dador on March 25, 2014 (merits file, folios 961 to 990).
457
Judgment of the National Terrorism Chamber of March 1, 2004 (evidence file, folios 1513 to 1530).
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos