47
competent authorities in line with guarantees of due process. The case at hand contains abundant
evidence that Gladys Carol Espinoza was brutally tortured and raped at DIVISE and DINCOTE facilities
between April and May 1993 and that she was subjected to cruel, inhuman, and degrading treatment and
acts of torture at Yanamayo Prison. Clearing up those incidents and identifying and punishing the guilty is
of particular importance in the case at hand, on account of the widespread and systematic use of torture
in police interrogations for the crimes of terrorism and treason against the fatherland during the 1990s.
219.
Regarding the State’s contention that the existence of torture was disproved by the
National Terrorism Chamber and the Supreme Court of Justice, the IACHR underscores the fact that the
conclusions of those courts do not constitute a criminal investigation intended to cast light on the acts of
violence against Gladys Carol Espinoza, to identify and punish the guilty, and to order the applicable
reparations. The courts’ conclusions, although preceded by medical and psychological examinations by
personnel from the Legal Medicine Institute, are accessory rulings within a criminal trial that had the sole
purpose of determining Gladys Carol Espinoza’s guilt of the crime of terrorism. By denying the existence
of torture in proceedings unrelated to casting light on the allegations made on behalf of Gladys Carol
Espinoza, the National Terrorism Chamber and the Supreme Court of Justice compounded the impunity
surrounding the facts already established in the case at hand.
220.
Consequently, the IACHR concludes that the failure to investigate the torture and cruel
and inhuman treatment suffered by Gladys Carol Espinoza, and the total impunity that still surrounds
those incidents, constitutes a violation of Articles 8.1 and 25.1 of the American Convention, and of
Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture.
4.
Article 7 of the Convention of Belém do Pará
221.
This section will analyze the particular repercussions of the duty of acting with due
diligence in investigating, prosecuting, punishing, and making amends for violence against women under
Article 7 of the Convention of Belém do Pará.
222.
The Convention of Belém do Pará, the instrument of the inter-American human rights
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system with the most ratifications,
establishes that the obligation of acting with due diligence has a
special connotation in cases of violence against women. The Convention reflects the hemisphere’s
shared concern about the seriousness of the problem of violence against women, its relationship with
historical discrimination, and the need to adopt comprehensive strategies for preventing, punishing, and
eradicating it. The Convention of Belém do Pará recognizes the critical link that exists between women’s
access to adequate judicial protection after suffering acts of violence, and the elimination of the problem
of violence and discrimination perpetuating this suffering.
223.
Article 7 of the Convention of Belém do Pará sets out a set of complementary and
immediate obligations whereby the State can ensure effective prevention, investigation, sanction, and
redress in cases of violence against women. These include:
a.
b.
c.
d.
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Refrain from engaging in any act or practice of violence against women and to ensure that
their authorities, officials, personnel, agents, and institutions act in conformity with this
obligation;
Apply due diligence to prevent, investigate, and impose penalties for violence against
women;
Include in their domestic legislation penal, civil, administrative and any other type of
provisions that may be needed to prevent, punish and eradicate violence against women
and to adopt appropriate administrative measures where necessary;
Adopt legal measures to require the perpetrator to refrain from harassing, intimidating or
threatening the woman or using any method that harms or endangers her life or integrity,
or damages her property;
The Convention of Belém do Pará has been ratified by 32 OAS member states.