31
dizziness, headaches, and nausea, for which reason the professional who signed the report suggested
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she be assessed by a neurologist.
In spite of that, the State has submitted no information on any
specialized medical follow-up.
144.
In its 1997 Annual Report, the IACHR said that “prison conditions, in general, are
deplorable throughout Peru [and] particularly severe for persons incarcerated for ‘terrorism’ or ‘treason
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against the fatherland’.” Similarly, a 1995 report by Human Rights Watch concluded that terrorism and
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treason prisoners suffer severe restrictions on food, family visits, and activities within prison.
145.
In its Second Report on the Situation of Human Rights in Peru, the IACHR said that after
visiting several detention centers, it noted that the Challapalca and Yanamayo facilities were “in totally
inhospitable places, both cold and geographically isolated... [making] it very difficult, in practice, for
132
relatives to visit, because of the distance and other related obstacles.”
146.
After assessing the situation at Yanamayo Prison, the United Nations Committee Against
Torture noted that it was at more than 3800 meters above sea level and that detention conditions there
entailed cruel and inhuman treatment and punishment, and it recommended that the Peruvian State
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should close it down.
147.
On August 25, 1999, the People’s Defender, Jorge Santistevan de Noriega, published
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Ombudsman’s Report No. 28, titled Report on the Penal Establishment of Yanamayo, Puno.
In its
analysis of general detention conditions at Yanamayo, that report found that in the maximum-security
area, the cells had no natural light and there was one fluorescent tube in the corridors for each two cells.
It also stated that:
Prison services are deficient, particularly as regards inmate health, with the services of only one
general physician, no specialized treatment, no facilities for care to be given at local hospitals, and
a regular shortage of medicines [which] is further complicated to worrying levels by the combination
of insufficient food, extreme weather conditions, and long hours of confinement, conditions which
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some inmates have endured for more than six years.
148.
This report also contains a narrative of the acts of violence against Gladys Carol
Espinoza and another four inmates of Block 1D of Yanamayo Prison during an inspection carried out on
August 5, 1999, by members of the National Special Operations Directorate (DINOES) of the Peruvian
National Police. It also reports that during an inspection performed on August 13 and 14, 1999, by Mr.
Julio Mágan Zevallos, a Commissioner sent by the Office of the People’s Defender, the inmates who
suffered the attack described the events of August 5 of that year. According to Gladys Carol Espinoza’s
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Annex 22: Report No. 433-99-INPE-DRAP-EPMSY-MIN, December 17, 1999; enclosed with the State’s communication
of June 13, 2000, and received by the IACHR on June 15 of that year.
130
IACHR, Annual Report of the Inter-American Commission on Human Rights 1997, Chapter V, Human Rights
Developments in the Region, Peru, para. 4, available at: www.cidh.oas.org/annualrep/97span/cap.5d.htm.
131
Human Rights Watch, Peru: The Two Faces of Justice, July 1, 1995, Prosecution of Terrorism and Treason Cases,
Prison; available at: www.unhcr.org/refworld/docid/3ae6a7ed4.html.
132
IACHR, Second Report on the Situation of Human Rights in Peru, OEA/Ser.L/V/II.106, doc. 59 rev., June 2, 2000,
Chapter IX, Prison Situation, para. 17, available at: www.cidh.oas.org/countryrep/Peru2000sp/capitulo9.htm.
133
UN, Committee against Torture, Inquiry under Article 20: Peru, 16/05/2001. A/56/44, paras. 144-193, paras. 183 and
184, reference available in: I/A Court H. R., Case of García Asto and Ramírez Rojas, Judgment of November 25, 2005, Series C
No. 137, para. 224.
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Annex 23: Ombudsman’s Report No. 28, Report on the Yanamayo Penal Establishment, Puno, August 25, 1999,
available at: www.defensoria.gob.pe/accesibilidad/biblio.php.
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Annex 23: Ombudsman’s Report No. 28, Report on the Yanamayo Penal Establishment, Puno, August 25, 1999, para.
60, available at: www.defensoria.gob.pe/accesibilidad/biblio.php.