80
publication of two manuals entitled, “Detection Networks, Support and Reference of
Cases of Violence Against Indigenous Women of Guerrero,” and “Reference Models
of Cases of Gender Violence for the state of Guerrero,” as well as other instruments
related to the investigation and attention to violence against women, among
others, the “Integrated Model for the Prevention and Attention of Family and Sexual
violence,” which is a model used by health units, and the Program of “Medical
Attention to Raped Persons.” Likewise, the State provided information on the
process of fitting the Istanbul Protocol to the national context through elaboration
and application of the Special Medical/Psychological Report for Cases of Possible
Torture and/or Abuse, issued by the Office of the Attorney General of the Republic,
as well as by publication of institutional guidelines for the application of this Report
to be followed by the agents of the Office of the Public Prosecutor of the Federation,
and the forensic experts and/or criminal pathologists of the Office of the Attorney
General of the Republic. Furthermore, it advised that twenty-nine federative
entities had received training on this report and three agencies were in the process
of training the public employees of the attorney general’s offices on the
implementation of the Istanbul Protocol. In its final written arguments, the State
provided information on the elaboration of Mexican Official Norm NOM-046-SSA22005 on domestic and sexual violence and violence against women, which contains
criteria to prevent and deal with this. This norm establishes various obligations for
personal health, among others, to inform the Public Prosecutor’s Office to carry out
the corresponding investigations, and it was created pursuant to a friendly
settlement with the Inter-American Commission.
255. The Court takes note of the information provided by the State concerning
the existence of the mentioned instruments and the training activities that the
federative entities have been holding. However, the Court does not have the
document on the “national contextualization” of the Istanbul Protocol or on its
application in the state of Guerrero. Furthermore, the Court notes the existence of
Mexican Official Norm NOM-046-SSA2-2005, which contains criteria for preventing
and dealing with sexual abuse and violence against women, as well as detection
and investigation standards for health personnel. Nevertheless, the Court notes
that despite that in its introduction it states that “with the elaboration of this
Mexican Official Norm [the State] complies with the compromises acquired in the
international forums” and that this norm was the outcome of an agreement with the
Inter-American Commission, Article 8 of said norm establishes that it “does not
meet Mexican and international guidelines or recommendations,” namely that it
does not conform to international standards. The Inter-American Commission and
the representatives did not address any of the instruments indicated by the State.
256. The Court has ordered, in other cases, that the parameters for investigations
and for performing forensic analyses be harmonized with international standards.256
In the present case, the Court finds it necessary that the State continue with a
standardized action protocol, for the federal forum and the state of Guerrero,
regarding attention and investigation of rape, based on the parameters established
in the Istanbul Protocol and in the World Health Organization’s guidelines
mentioned above.
vii) Training programs for officials
257. The Commission asked that the Court order the State to develop training
programs for government employees in accordance with the Istanbul Protocol, to
provide said officials with the necessary scientific and technical elements to
evaluate possible situations of torture or cruel, inhuman, or degrading treatment.
256
Cf. Case of Gutiérrez Soler v. Colombia. Merits, Reparations, and Costs. Judgment of September
12, 2005. Series C No. 132, para. 110, and Case of González et al. (“Cotton Fields”), supra note 15,
para. 502.
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