23
116.
The State maintains that Gladys Carol Espinoza’s bodily injuries were caused by the
collision of the motorcycle she was riding on April 17, 1993, and by the resistance she put up during her
arrest. It notes that during Ms. Espinoza Gonzales’s second criminal trial, the National Terrorism
Chamber ordered that fresh medical evaluations be performed, which revealed no signs of torture. It adds
that although the medical examinations carried out between April and May 1993 reported hematomas and
bruising, some of the physicians who conducted the testing stated, during the proceedings before the
National Terrorism Chamber, that “it was not possible to determine that the injuries found were the result
101
of torture.” The State adds that, “Gladys Carol Espinoza Gonzáles’s claim that she suffered torture and
other forms of cruel and inhuman treatment was an argument whereby she sought to escape criminal
102
responsibility.”
117.
Before ruling on the dispute between the parties, the IACHR reiterates that contrary to
the official version given by the National Police and maintained by the Peruvian State during the
processing of this case, it has been established that Gladys Carol Espinoza was not involved in a violent
collision at the time of her arrest on April 17, 1993. That conclusion is supported not only by the
determinations set out in section D.1 above, but also by the evidence outlined in the following
paragraphs.
118.
The IACHR will now rule on the elements whereby it can reasonably conclude that
Gladys Carol Espinoza was subjected to continuous acts of violence while in the custody of agents of the
DIVISE and the DINCOTE in Lima. For this, it will take into account the following evidence: (a) the victim’s
statements, (b) the context behind the victim’s narrative of the events, (c) medical examinations
performed by the National Police and by the Legal Medicine Institute, and (d) psychological evaluations
carried out by the National Police and the Legal Medicine Institute, and the expert report of Dr. Carmen
Wurst de Landázuri.
(a)
Victim’s statements
119.
In October 2002, Gladys Carol Espinoza gave testimony to the Truth and Reconciliation
Commission and described the violent acts she suffered upon her admission to the DIVISE facility in Lima
on April 17, 1993. That testimony was recorded as follows:
She says they [Gladys Carol Espinoza and Rafael Salgado Castilla] were taken to a kind of large
garage that was ventilated: “I felt everything cold, icy. And, it seemed, they had Rafael down
somewhere else... I heard doors banging, cars, the footsteps of a lot of large men; it seemed there
was someone waiting there, and they were talking among themselves. […]”
The informant was blindfolded, and a man lifted her onto his shoulder and carried her to the
elevator, but before that: “They had already removed my trousers and felt my buttocks, all over,
and they took advantage to remove all my clothes and strip me again (on his shoulder), and he
took me onto the elevator and threw me to the floor, and it seemed that they did the same to the
other boy [Rafael Salgado Castilla]. And they began shouting, long live the destroyers, or the
dynamos, I’m not sure. They jumped on us, saying, here they are, here they are, we’ve won…”
They went into a kind of office and informed someone of the arrest: “They began to speak, shouting
victory phrases, and they began to jump on our naked bodies; they jumped, shouted, laughed,
cursed, voices, they jumped on top of me; I suppose they jumped on Rafael’s body, which was
there, saying nothing, too; I also said nothing.”
They said they were going to begin with her; again, the large man picked her up onto his shoulder
and took her to what seemed like a roof: “The air hit you there, cool air. He threw me to the ground
and said, get ready, you’re going to start talking. They carried on insulting me, shouting; I think
101
Communication from the State dated October 15, 2010, received by the IACHR on October 18 of that year, para. 19.
102
Communication from the State dated October 15, 2010, received by the IACHR on October 18 of that year, para. 21.