67 the facts to the detriment of Mrs. Fernandez Ortega, which given its characteristics constituted an act of torture, qualifying it as an act of rape. In effect, the investigation under alleged rape is in accord with the facts of the complaint in the specific case and with the general obligation that acts of torture constitute crimes in domestic law and with the requirement of the severity of the punishment. In this sense, the Court observes that rape is a crime defined in the Criminal Code of the state of Guerrero226 and in the Federal Criminal Code of Mexico,227 which establish penalties of eight to sixteen years’ imprisonment and eight to fourteen years’ imprisonment, respectively. Based on the foregoing, it is not necessary to make an additional ruling in this regard, nor on the other alleged violations based on the same facts and that were analyzed under other conventional obligations. D. Request of the State regarding specific aspects of the investigation 203. Lastly, in response to the State’s request (supra para. 17), the Court will rule on the five aspects mentioned here: A. Scrupulous respect for procedural guarantees The State affirmed that the alleged victim: i) had, at all times, the possibility of being heard by the ministerial (investigative) authorities and has had full access to the case files; ii) was summoned on numerous occasions with the guarantee of interpretation into her language and the presence of her representatives, and iii) received explanations on the nature of the competences in the case in person and through her representatives, and response was given to her request that the Office of the Attorney General of the Republic should participate in the procedures undertaken. In addition, “the State has tried to respond to the alleged victim’s requests, even by establishing an Inter-disciplinary group with a gender perspective.” B. Interventions with a gender perspective The State indicated that it had “implemented a collaboration mechanism with a gender perspective among different ministerial authorities,” “to support the measures taken by the [P]ublic [P]rosecutor’s [O]ffice of the state of Guerrero” and in order “to avoid revictimization and to respond to the request [of Mrs. Fernández Ortega] that the Office of the Attorney General of the Republic be involved in the investigations.” Consequently, it asked the Court to positively assess “that this interdisciplinary group with a gender perspective was, at all times, fully available to travel to the places indicated by the representatives to take measures and keep communication channels open in order to respond to specific requests concerning the investigations.” This group even obtained Mrs. Fernández Ortega’s collaboration to make the artist’s sketch. 226 The Criminal Code of the state of Guerrero establishes: Article 139: Whomever, by means of physical or moral violence copulates with a person of any gender, will be punished by eight to sixteen years of prison and sixty to four hundred days fine. Article 141: A punishment of eighteen to twenty-two years of prison and one hundred and twenty to five hundred days fine will be imposed: […] III. When the copulative act is carried out by the perpetrator, in the circumstances of his or her employment, when carrying out a public charge or when under carried out while executing professional responsibilities. The agent will also be sentenced to dismissal of public charges or employment and disqualification of eight years. 227 The Federal Criminal Code of Mexico establishes: Article 265: Whomever, by means of physical or moral violence copulates with a person of any gender, will be punished by eight to fourteen years of prison. Article 266 bis: The punishment foreseen for sexual abuse and rape shall increase, by half at a minimum and maximum, when: […] III. The crime is committed by a person carrying out a public charge or employment or in the course of employment, using the means or under the circumstances of the professional role. In addition to the prison sentence, the convicted individual will be disqualified from his or her charge or employment or suspended for a term of five years from the exercise of said profession.

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