been conducted, but SILAIS stated that the competent body was the
Disciplinary Committee of the Supreme Court of Justice, since the
forensic physician was a member of the judiciary.16 She indicates that,
therefore, on April 30, 2002, she filed a complaint with the Disciplinary
Committee of the Supreme Court of Justice (Complaint No. 357-2002),
requesting that a judicial inspector be sent, but received no reply.
20.
The petitioner states that the child is severely traumatized, not
only from the crime of which she was the victim, but also because of the
arbitrary acts she suffered at the hands of the authorities. In that
connection, she alleges that the child V.R.P. has received psychological
and psychiatric care since October 2003 and that her symptoms are
depression, anxiety, high alert, and self-mutilation because she thinks
constantly of the sexual abuse.17 She also states that the psychiatrist
who evaluated V.R.P. at the request of the Substitute Judge of Jinotega
District Criminal Court considered that V.R.P. “will virtually always need
(…) psychotherapeutic support, (…) [owing to] the physical and
psychological injury suffered. (…) Therefore, so as not to further
damage her, it is indicated to avoid revictimization of the patient, not
allowing her to dwell on the memories of the act that occurred or the
injury caused her, and not questioning her about it.”18
21.
The petitioner also alleges violations of judicial guarantees and
due process through the actions of the Assistant Prosecutor, since she
did not attend the visual inspection and reconstruction of the facts, in
guarantee of the rights of the child as a victim and witness in the
process; did not repudiate the way in which the forensic medical
examinations were conducted, and was not present at the November
2001 appeal hearing or the May 2002 appeal against the nullification of
the jury’s acquittal.19 She states that she has filed complaints and
applications against the Assistant Prosecutor in connection with the
violation of her daughter’s constitutional guarantees, with the Inspector
General’s Office of the Attorney General’s Office, and (on October 21,
2002) with the Prosecutor General of the Republic (on July 29, 2002);
as well as complaints against different state officials, including the Judge
16 Communication from the petitioner of February 11, 2005, received in the IACHR
Executive Secretariat on March 16, 2005.
17 Communication from the petitioner of January 10, 2005, annexing a communication
of January 3, 2005, from the organization alleging that it gave psychological assistance
to V.R.P.
18 See the document sent by the petitioner on the follow-up report of February 21,
2002, prepared by Dr. María Delma Terán Caldera of Victoria Motta of Jinotega
Hospital, in a communication sent to the Substitute Judge of Jinotega Criminal District.
19 Document annexed to the communication of the petitioner, received on March 16,
2005 by the IACHR Executive Secretariat.
7