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The alleged victim was refused a pardon for the second time and she felt that
her situation was being used as an example against the practice of medicine,
“because, even in the absence of evidence, [she] had been convicted” and
her “innocence was prejudged owing to her family connection, since [her]
husband [had also been] detained once because it was considered that he
had connections with terrorism.”
In 2000, there was a change of Government, but the anti-terrorist legislation
was maintained. As she had served a third of her sentence, she requested the
benefit of parole, which was denied because “norms [were] applied to her
case that had entered into force in 2003, subsequent to [her] detention.”
The laws that would be applied during any new trial “continue to consider that
providing medical care and attention can be defined as a terrorist act.” She
stated that she condemned violence, whatever its origin “and although [she
has] not treated anyone who has committed crimes of terrorism, at least not
knowingly, [she] consider[s] that nowhere in the world could the provision of
medical care be considered a crime and be punished.”
Since 2000, when some flexibility was introduced into the prison regime, she
has, on several occasions, requested exchanging her punishment for work
within the prison and, thereby, exercising her profession and “recovering
[her] self-respect and [her] expertise.” However, the prison’s legal adviser
told her that she could not be given “the same work for which she [had been]
sentenced, as her prison regime.”
Following the report on the merits of her case issued by the Inter-American
Commission in June 2003, her conviction was annulled de oficio, and the
State undertook to resolve her case as soon as possible. However, one year
later, the status of the case remained the same, without being resolved. She
considers that the State has wanted to “destroy [her] professionally, because,
from the start of [her] detention, [she] was denied medical literature, [her]
professional equipment, and the possibility of practicing medicine in the
prison.”
As a result of her imprisonment for eight years and four months, her health
has deteriorated; she has osteopenia, her vision has decreased, she has been
affected emotionally, and she has not kept up with advances in her
profession. She has tried to do some medical research in the prison and to
offer talks to the prison population, but her attempts have been rejected
several times. She is very frustrated professionally.
Her children are distanced from her mother and herself, “owing to the
financial situation which makes their education unsustainable,” and her
siblings, who are not working, have not been able to continue contributing to
their education. Her mother is 88 years of age, deaf and blind, and needs a
cataract operation and permanent specialized care, which she cannot receive
owing to the financial situation.
The witness has always had the support of her colleagues at work, of the
Medical Federation, of the Medical Association of the Peruvian Social Security
Institute (hereinafter “the AMSSOP”) and the Physicians’ Professional