3 1. Order full reparations for Ms. Mónica Feria Tinta for the human rights violations declared in this report. The reparations should include pecuniary and non-pecuniary damages. If the victim so desires, order the necessary measures for rehabilitation of her physical and mental health. 2. Conduct an impartial and effective investigation, within a reasonable period of time, to shed full light on the violations of the American Convention, identify the intellectual and material authors and impose the appropriate penalties. 3. Order the administrative, disciplinary or criminal proceedings to address the actions or omissions by state officials that had the effect of denying justice to the victim and allowing those responsible for the violations established to go unpunished. 4. Complete the process of amending the provisions of Decree Law 25475 that are still in force and that this report found to be incompatible with the American Convention 5. Cease and desist from any exercise of the State’s punitive authority against Mónica Feria Tinta that perpetuates the same procedural flaws that vitiated the legal proceedings conducted in 1992 and 1993 and that led to violations of the American Convention. Specifically, the State must take steps to ensure that no legal case is prosecuted against Ms. Feria Tinta that is based on evidence obtained by illegal and arbitrary means, as described in this report on the merits. In addition to the need to see justice done for the victim, the IACHR points out that the instant case raises issues of inter-American ordre public. Specifically, given that the victim was raped by State agents at the time of her arrest and nothing has been done to investigate the incident, the case affords an opportunity for the InterAmerican Court to develop its analysis of different forms of sexual assault as acts of torture; the obligations to investigate such cases and to prosecute and punish the perpetrators; and the reparation measures appropriate in these types of violations. In addition, the Court will have an opportunity to consolidate its jurisprudence on the incompatibility of trying crimes of terrorism under Decree law 25475 with greater precision as to violations of due process, including the various limitations on the exercise of the right to defense, the violation of the presumption of innocence, and the retroactive application of the grounds adduced in that Decree. Since these matters affect in a significant manner the inter-American public order of human rights, pursuant to Article 35.1.f of the Rules of Procedure of the Inter-American Court, the Commission wishes to offer declarations by the following experts: 1. Sofía Macher Batanero, who will testify on the different forms of sexual violence and their characterization under international human rights law. The expert will refer to characteristics that are relevant for classifying some forms of sexual violence as acts of torture and she will address international obligations to investigate and punish those responsible in these kinds of cases. Finally, this expert will testify regarding the international standards to be borne in mind when determining reparation to be made for sexual violence. 2. Stefan Trechsel, who will testify regarding international standards of due process in criminal cases that are relevant when it comes to analyzing restrictions to due process, such as the possibility of exercising the right of defense in the context of legal frameworks designed to prosecute and punish terrorism. The expert will provide guidelines for analyzing the compatibility of said restrictions with the American Convention.

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