Campos' treatment. The State party re-emphasized
that since his transfer to the Callao naval base,
Victor Polay Campos had been receiving medical
examinations approximately every two weeks and
whenever his condition required. He had received,
and continued to receive, psychiatric and dental
examinations.
his transfer from Yanamayo to the maximum
security detention facility at the Callao naval base.
7.2 The State party noted that two documents
concerning Mr. Polay Campos had been submitted
upon his transfer to the Callao Naval Base. One was
a psychological evaluation, done on 23 July 1992 in
Puno (close to the Yanamayo prison), in which the
alleged victim’s appearance and health were
described as 'normal'; the other was Mr. Polay
Campos' file as prepared by a department of the
Ministry of Justice.
7.6 The State party reiterated that Mr. Polay
Campos had also received regular visits from
delegates of the International Committee of the Red
Cross, who had corroborated the reports on his
health given by the doctors of the Callao naval
base. It added that it never received any written
reports from the Red Cross delegates, as the visits
to Mr. Polay Campos were carried out on a
confidential basis. According to a list furnished by
the State party, Mr. Polay Campos was visited by
Red Cross delegates on 21 occasions between early
December 1993 and the end of August 1996; from
that list, it transpires that the longest lapse of time
between two such visits was three months and
28 days (between 25 October 1994 and
22 February 1995).
7.3 As to Mr. Polay Campos' state of health, the
State party forwarded copies of three reports. The
first, dated 26 April 1993, concluded that his general
appearance and health were normal (apreciación
general: ... despierto, ... orientado en tiempo,
espacio y persona. Algo ansioso, no refiere molestía
ninguna). It also noted that Mr. Polay Campos' body
bore no scars or other signs of ill-treatment (“... piel
y anexos: no signos de lesiones primares y
secundarias”).
7.4 The second report provided by the State
party concerned the visit to Mr. Polay Campos on
20 December 1994 by the District Attorney and a
court-registered doctor (see paragraph 4.2 above).
It noted that Mr. Polay Campos was indeed
suffering from muscular contraction, due primarily
to the psychological stress caused by the conditions
of his incarceration. It further stated that Mr. Polay
Campos was experiencing pain in his left shoulder,
to be treated with medication (Piroxican). The
report observed that the emotional stress to which
the author was subjected would require the
prescription of sedatives so that Mr. Polay Campos
might sleep properly and, ideally, continued
psychological treatment. Otherwise, Mr. Polay
Campos was described as being in good health, and
the clinical tests carried out on him had not
revealed any signs of physical abuse or pressure.
Mr. Polay Campos had confirmed that he had
received medical attention every two weeks, and
that on the last occasion the drug Piroxican had
been prescribed; he had further confirmed that
every time he experienced health problems he was
treated by a doctor and received the appropriate
medication. He also received whatever dental
treatment was required.
7.7 As to the current conditions of detention of
Victor Polay Campos, the State party provided the
following information about his entitlements:
– 30 minutes of daily walk or sport in the
prison courtyard;
– One 30–minute visit by two family
members per month;
– Three hours weekly to listen to cassettes
on a walk–man;
–
Laundry once a week;
–
One haircut every two weeks;
–
Three meals per day;
–
Access to reading material and books;
– And possibility to correspond with family
members (familiares cercanos).
7.8 The State party did not provide any
information about Mr. Polay Campos' trial or about
the general procedures followed by the so-called
“tribunals of faceless judges”. It merely forwarded a
copy of the legal opinion of the Prosecutor General
(Fiscal supremo) dated 21 April 1993 to the effect
that the verdict handed down by the Special
Chamber of the Superior Court of Lima (of
3 April 1993) had been arrived at in accordance with
procedural requirements, and was therefore valid.
The Supreme Court endorsed this conclusion on
24 May 1993. The State party confirmed that the
judgment of the Special Chamber of the Superior
Court of Lima had become final, and that there was
no record of any request for review of the sentence
(recurso de revisión) having been filed on behalf of
Victor Polay Campos.
7.5 The third report, drawn up on an unspecified
date in 1996, again concluded that Mr. Polay
Campos' health was normal (buen estado general,
lucido, orientado en espacio, persona y tiempo,
comunicativo, entímico asímtomatica - peso 76
kgs), and that there were no signs that, as his
mother had reported, his eyesight was deteriorating
(“visión y campo visual conservados ...”). This last
report includes a summary of all medical visits and
lists the medications prescribed for Mr. Polay
119
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