while, in one statement, Eduardo Matson Ospino indicated that he had been struck on his
testicles. 659 The Court does not have sufficient evidence to rule on this; however it deems it
pertinent that the State investigate these presumed facts in the context of its obligation to
investigate (infra para. 558).
427. The Court also considers that some of the acts to which Yolanda Santodomingo
Albericci was subjected constituted forms of violence against women. 660 Thus it underscores
that Ms. Santodomingo has testified consistently that, in the truck on the way to the Charry
Solano Battalion, she “protested so that they would not cut her hair”; they separated her
from Mr. Matson Ospino; blindfolded and disoriented “they told [her] that they were going
to throw her into the waterfall naked,” and several men put her in a room alone and still
blindfolded, “they laid [her] down, they handcuffed her to a bed, with her arms
outstretched,” they sat beside her and continued to interrogate her, harassing and
threatening her to make her incriminate herself, and at one moment one of the officials
exclaimed “and, to cap it all, pregnant.” 661 The Court stresses the special situation of
vulnerability in which Ms. Santodomingo Albericci was placed, handcuffed to a bed and
surrounded by men, presumably armed, without being able to see what was happening
because she was blindfolded. Thus, Ms. Santodomingo stated: “[w]hen one is handcuffed in
a room with five individuals, the outlook is not good at all,” she “felt helpless, handcuffed to
a bed and with five men next to her.” 662 The Court also considers that the threat to cut her
hair, as well as the expression of scorn about a possible pregnancy denote actions against
Ms. Santodomingo Albericci because she is a woman. The coerced cutting of the hair, or its
threat, signified a change in a person’s appearance without their consent, so that,
depending on the circumstances of the case, it may constitute treatment that is contrary to
Article 5(2) of the Convention, 663 but also, in the specific case of women, it usually has
connotations and implications relating to their femininity, as well as an impact on their self659
Eduardo Matson Ospino described how he was struck on the testicles with the butt of a rifle in one of his
statements; however, he did not mention this fact in his other statements. Cf. Testimony of Eduardo Matson Ospino of
April 11, 1986, before the 77th Criminal Investigation Court Bogota (evidence file, folio 30785). Yolanda
Santodomingo Albericci also testified on one occasion that Eduardo had been struck on the testicles. Cf. Testimony of
Yolanda Santodomingo of December 2, 1985, before the Attorney General’s office (evidence file, folio 14553).
660
The Committee for the Elimination of Discrimination against Women defines gender-based violence against
women as “violence that is directed against a woman because she is a woman or that affects women
disproportionately. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts,
coercion and other deprivations of liberty.” General recommendation No. 19, Violence against women, eleventh
session, 1992, para. 6. In addition, article 1 of the Declaration on the Elimination of Discrimination against Women
defines this as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or
psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty,
whether occurring in public or in private life,” General Assembly resolution 48/104 of 20 December 1993. Available at:
http://www.un.org/documents/ga/res/48/a48r104.htm
661
Cf. Testimony provided by Yolanda Santodomingo before the Prosecution Service on August 1, 2006 (evidence
file, folio 1022); Testimony of Yolanda Santodomingo of December 2, 1985, before the Attorney General’s office
(evidence file, folio 14554); Testimony of Yolanda Santodomingo of February 7, 1986, before the 41st Criminal
Investigation Court of Bogota (evidence file, folio 14972), and Testimony of Yolanda Santodomingo during the public
hearing on the merits in this case.
662
Cf. Testimony of Yolanda Santodomingo Albericci of August 1, 2006, before the Prosecution Service (evidence
file, folio 1022), and Expert appraisal by Ana Deutsch of Yolanda Santodomingo (evidence file, folio 35988).
663
In this regard, the European Court has indicated that “[t]he forced shaving off of a prisoner's hair, […] consists in
a forced change of the person’s appearance by the removal of his hair. The person undergoing that treatment is very
likely to experience a feeling of inferiority as his physical appearance is changed against his will. […] The Court thus
considers that the forced shaving off of detainees' hair is in principle an act which may have the effect of diminishing
their human dignity or may arouse in them feelings of inferiority capable of humiliating and debasing them. Whether
or not the minimum threshold of severity is reached and, consequently, whether or not the treatment complained of
constitutes degrading treatment contrary to Article 3 of the Convention will depend on the particular facts of the case,
including the victim's personal circumstances, the context in which the impugned act was carried out and its aim.” Cf.
ECHR, Case of Yankov v. Bulgaria, No. 39084/97. Judgment of 11 December 2003, paras. 112 and 114.
149
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