17
In this regard, the Physicians’ Professional Association commissioned Javier
Ríos Castillo, the Association’s legal adviser, to assume Physician De La Cruz
Flores’ defense; consequently, he took part in the hearing before the InterAmerican Commission in Washington, together with her legal representative,
Carolina Loayza Tamayo. Javier Ríos submitted arguments on the noncriminalization of medical activities. The adviser’s expenses, air travel and per
diems were assumed by the Physician’s Professional Association, by
unanimous decision of the Association’s National Council.
The witness visited Physician De La Cruz Flores twice; once he was
accompanied by Physician Vidal Rivadeneyra, at the time Dean of the
Physicians’ Professional Association, and by Congressman, Víctor Velarde
Arrunátegui. The visits took place in a special separate room, but they could
see “the precarious situation in which Physician De La Cruz found herself,
without the minimum necessary conditions.” Her situation and the treatment
she received improved when the dictatorship of the Government of Alberto
Fujimori ended. During these visits, they took her medical journals, and also
some medical equipment and material, but he does not know whether this
was handed over to Physician De La Cruz Flores or whether she was allowed
to keep it.
The detention conditions for those imprisoned in terrorism cases were very
difficult: isolation and the impossibility of seeing their loved ones, because
only one member of the family was allowed to visit them each month, in the
locutorio, which significantly limited communication. Physician De La Cruz
Flores was unable to watch her children grow or exercise her profession, facts
which caused her non-pecuniary harm. The witness was deeply moved during
the visits, owing to the physical and mental state in which he found Physician
De La Cruz Flores, who also suffered from respiratory, bronchial and allergic
ailments contracted in the prison.
During Fujimori’s time, a significant number of physicians were imprisoned for
exercising medical activities, unfairly accused of the crime of terrorism, and
their imprisonment was justified by legal strategies [...] and ‘faceless’
tribunals.” The witness mentioned a similar case, that of Dr. César David
Rodríguez, who was detained for seven years and who was released owing to
the support of the medical profession, by being acquitted, but not pardoned.
The State paid Dr. César David Rodríguez one year of medical training at a
public teaching hospital, because he was a surgeon.
Physician De La Cruz Flores has endured personal, family and professional
harm, owing to the State’s actions. Peru should assume responsibility and
vindicate the alleged victim’s name publicly, granting her financial
compensation, reincorporating her into her work, and paying her the salary
she would have earned and her work-related entitlements. The State should
also “guarantee and assume the cost of updating [Physician De La Cruz] in
her field of expertise.” The next of kin of the alleged victim should also
receive reparation. Physician María Teresa De La Cruz’ immediate release
should be ordered, vindicating her and also medical activities publicly, and
stating that the latter can never be criminalized.
51.
On June 19, 2004, the State presented several documents as appendixs to its
briefs with observations on the statements made before notary public (affidavits) by