8
4. During his imprisonment, Mr. Ramírez has been deprived of liberty: (i)
approximately fifteen days (until August 10, 1991) in the basement of the Police
Department (Dirección de Policía); (ii) two days in the jail of the Palace of Justice;
(iii) three years and one and a half months in Castro-Castro Maximum Security
Prison; (iv) six years and one month in Huacariz Prison, in Cajamarca; (v) three
years and four months in El Milagro Prison, in Trujillo; and then (vi) transferred
again to Castro-Castro Prison, where he is still awaiting trial.
5. Prison conditions in these places did not comply with the requirements laid down
in Article 5(2). He was confined in a cell for twenty-three hours and a half a day for a
year. Visits sometimes were authorized only at very infrequent intervals; on other
occasions, the remote areas where the prisons were located made them impossible.
Although the weather conditions prevailing in the area where one of the prisons
where he was held was located took a heavy toll on his health and the medical report
recommended that he be transferred to a place with warmer climate, he stayed there
for over two years, with the resulting consequences for his health.
6. In sum, Mr. Ramírez has been, for over fourteen years, continuously and
arbitrarily deprived of his liberty, under prison conditions that violate the American
Convention, subject for several years to proceedings that violate Article 8 thereof
and, to date, awaiting for final judgment to be rendered in the second proceedings
brought against him. The severity of these violations should have been reflected in
the reparations ordered by the Court in its judgment. I consider that, at least, the
Court should have required, as a means of reparation, that the State, through its
relevant bodies, order that, if Mr. Ramírez is convicted, for the purpose of service of
sentence, each day spent in prison be computed as two days, in order to redress, to
the extent possible, the gross violation committed by State officials to the detriment
of Mr. Ramírez.
Cecilia Medina-Quiroga
Judge
Pablo Saavedra-Alessandri
Secretary