69 some progress was made while this group was functioning; for example the artist’s sketch with the aid of Mrs. Fernández Ortega, a measure that could lead to the identification of the possible authors of the rape. The Court reiterates that it is fundamental to provide support to a victim of rape from the onset of the investigation in order to ensure safety and an appropriate framework for referring to the act suffered and to facilitate participation, as simply and as carefully as possible, in the investigation procedures. The Court observes that, even though said group with a gender perspective played a positive role, it began its work in January 2007, as a result of a commitment made by the State regarding a hearing of this case held before the Inter-American Commission on October 12, 2007; in other words, almost five years after the facts had been reported.228 206. Regarding the failure of Mrs. Fernández Ortega to present herself for the summons to testify, this Court understands that, when investigating criminal acts, even when the burden of the investigation should not rest on the victim, his or her participation may be necessary. In this regard, the Court appreciates the State’s effort to summon Mrs. Fernández Ortega to testify on various occasions and, thus, advance the investigation. Nevertheless, irrespective of the discrepancies concerning the number of summonses and the alleged errors in the writs of summons, the Court recalls its previous observations with regard to repeatedly summoning a victim of sexual offenses to testify (supra paras. 194 and 196) and also finds it is evident that a victim of rape attributed to soldiers feels profound fear and apprehension when summoned to appear by the Military Public Prosecutor’s Office, irrespective of whether this authority will conduct the procedure directly or carry it out using officials of the Civil Public Prosecutor’s Office. 207. Lastly, the Court assesses positively the different investigative measures mentioned by the State. The efforts indicated must be continued by the Civil Public Prosecutor’s Office so that the investigation is concluded as diligently and urgently as possible, in order to determine the truth of the facts and investigate and, if appropriate, punish those responsible for the rape of Mrs. Fernández Ortega. E. case Alleged threats and harassment to those persons connected to the 208. The Commission alleged that the acts of harassment and threats supposedly suffered by Mrs. Fernández Ortega and her family, among other people, related to the present case “illustrate the absence of justice and absence of adequate measures on behalf of the State.” It recalled the adoption of precautionary and provisional measures and indicated that the threats to the life and personal integrity of the victims and the acts of harassment had worsened during the two months prior to the presentation of the application. The persistence of the situation of vulnerability, fear, and threats means that the State should adopt specific measures to resolve this situation. 209. The representatives argued that Mrs. Fernández Ortega and her family “have had to face constant threats and attacks on their integrity, merely because they asked for justice […]. The most serious of these acts was the murder of […] her brother, Lorenzo Fernández Ortega […]. It is alleged that his death was closely related to the search to obtain justice for the rape [of Mrs. Fernández Ortega].” Mr. Prisciliano Sierra had also “been the victim of threats and harassment, as a result of his participation in advancing the investigation into the facts.” With regard to her brother, Ocotlán Fernández Ortega, his participation in OPIM “has resulted in his being the victim of harassment and surveillance, which has meant that recently he has had to abandon his community because he fears that the threats could be 228 Cf. Answer to the application (case file on the merits, tome II, folio 514).

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