The facts of the case refer to the sexual violation and torture perpetrated on Inés Fernández Ortega by members of the Mexican military. The IA Court placed the events in a context of significant military presence in the state of Guerrero, aimed at suppressing unlawful activities such as organized crime. In this region a sizeable percentage of the population belongs to indigenous communities who maintain their cultural identity and live in municipalities afflicted by social exclusion and extreme poverty.

The IA Court noted the constitutional elements of sexual violation as an act of torture and established standards regarding the inadmissibility of military jurisdiction to hear cases of this nature. Furthermore, it developed criteria regarding due diligence in the processing of the complaint and investigation of sexual violence and access to justice without discrimination.