28
have been consistent throughout time. In this sense, the Commission notes that in February of 2002,
the petitioners reported to the Public Prosecutor of the Province of Huancayo that Mr. Quispealaya lost
consciousness and fainted on January 23, 2001 as the result of a blow received by noncommissioned
officer Hilaquita, who after insulting him for making mistakes during shooting practice, hit him in the
forehead and the right eye with the butt of his weapon. This version was confirmed in the military
jurisdiction by the soldier Edson Huayra Arancibia, who witnessed the facts and who, after presenting
his testimony, filed a complaint with the Ombudsman for threats and coercion against
noncommissioned officer Hilaquita.
105. The Commission similarly notes that Mr. Quispealaya reported to Dr. Chang on June 29,
2001 that it had been noncommissioned officer Hilaquita Quispe who caused the injury that he suffered
in his right eye, information which she conveyed to the Brigade General of Huancayo in a medical report
of July 6, 2001. Despite this, no investigation was opened to clarify the events and no forensic report
was prepared according to the minimum requirements of the Protocol of Istanbul, which consist of
preparing a trustworthy report that contains the circumstances of the interview, medical history,
physical and psychological examination, opinion and authorship,106 which would have helped to
determine what happened.
106. With regard to the requirement that “intense physical or mental suffering be caused,”
the Commission notes that the case file contains several medical certificates that establish the severity
of the injury. In this sense, and as the proven facts demonstrate, on July 6, 2001, the surgeon Patricia R.
Chanjan Pino sent a medical report to the Brigade General of Huancayo which stated that on June 27,
2001 she treated soldier Quispealaya Vilcampoma, who presented pain as the result of a blow from an
FAL caused by soldier Hilaquita Quispe, and that the pain had intensified until it became unbearable, in
addition to the loss of vision and that, given the serious nature of the injury, he was hospitalized while
arrangements were made to evacuate him to the Central Hospital in Lima. Similarly, the case file before
this Commission reveals that the Medical Report of January 25, 2002 indicates that on July 14, 2001,
soldier Valdemir Quispealaya Vilcapoma was admitted to the Central Military Hospital with “after effects
of a severe, very advanced traumatic injury which prevented the recovery of vision,” and that in the
medical certificate issued by the Medical-legal Institute of Huancayo on June 11, 2002, at the request of
the Second Provincial Public Prosecutor of Huancayo, concluded that at that time he presented “total
and permanent loss of vision in the right eye, caused by advanced, post-traumatic cataracts and
glaucoma, which are related to the data.” Finally, the medical certificate issued on September 28, 2002
by the Chief of the Department of Ophthalmology of the Central Military Hospital indicates that Mr.
Quispealaya suffers from the after effects of a severe and very advanced traumatic injury, for which
reason he could not recover his vision despite the treatment received. According to this medical
certificate, Mr. Quispealaya was admitted to the Central Military Hospital of Lima on July 14, 2001 and
was released on September 5, 2002, that is, one year and almost two months later.
107. In relation to the forensic reports present in the case file that corroborate the
seriousness and intensity of the injury suffered by Mr. Quispealaya, the Commission observes that
although they were issued months after the pertinent events occurred, the Protocol of Istanbul
establishes that a forensic report must be performed, regardless of the time that has transpired since
the torture occurred. 107
106
Istanbul Protocol, Doc E/ST/CSDHA/.12 (1991), para. 82.
107
Istanbul Protocol, Doc E/ST/CSDHA/.12 (1991), para. 103.