failure to respect a reasonable time frame in the initial stage of the investigation and the
substantiation of the facts.31
15.
That same year, in the case of Espinoza Gonzáles v. Peru,32 the Court again determined
violations of Article 7(b) of the “Convention of Belém do Pará.” On the one hand, together
with violations of Articles 8(1) and 25, and 1(1) of the American Convention, and also of
Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, owing to
the State’s failure to comply with the obligation to investigate the sexual violence that was
clear from the facts that occurred to the victim during her detention in the Yanamayo Prison,
and those that occurred in the DIVISE and the DINCOTE;33 and, on the other hand, together
with violation of Articles 5(1), 5(2) and 11, as well as Articles 8(1), 25 and 2 of the American
Convention, and 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture,
owing to the stereotyped assessment of the evidence by the Judiciary, which constituted
gender-based discrimination in access to justice,34 and also due to the sexual violence and
torture suffered by the victim.35
16.
As can be appreciated from this brief overview, the Court’s case law has not remained
on the sidelines of the problem of violence against women in the region. To the contrary, it
has examined this on various occasions as a result of an interpretation of the provisions of
the American Convention in relation to Article 7 of the “Convention of Belém do Pará,”
establishing invaluable standards for State obligations in cases of gender-based violence,
especially – and based on the matter which is the purpose of this opinion – on the “obligation
of prevention” to which I will refer below.
II. THE “OBLIGATION OF PREVENTION” AND ITS “TWO MOMENTS” IN THE CASES OF
GONZÁLEZ ET AL. (“COTTON FIELD”) V. MEXICO (2009), AND VELIZ FRANCO ET AL. V.
GUATEMALA (2014)
17.
In two of its outstanding case on gender-based violence,36 the Inter-American Court
has established important standards concerning compliance with the State obligations to
respect and to ensure human rights in order to combat violence against women. Particularly,
when analyzing the obligation to ensure rights such as to life, to personal integrity and to
personal liberty, it has made a detailed examination of the State’s obligation of prevention, 37
emphasizing the criterion of the “two moments” in the obligation of prevention in order to
determine the international responsibility of States.
I/A Court HR, Case of Veliz Franco et al. v. Guatemala. Preliminary objections, merits, reparations and costs.
Judgment of May 19, 2014. Series C No. 277, para. 225.
32
That case relates to the alleged unlawful and arbitrary detention of Gladys Carol Espinoza Gonzáles, as well
as the alleged rape and other acts that constituted torture that she was a victim of while in the custody of State
agents. I/A Court HR, Case of Espinoza Gonzáles v. Peru. Preliminary objections, merits, reparations and costs.
Judgment of November 20, 2014. Series C No. 289, para. 1.
33
I/A Court HR, Case of Espinoza Gonzáles v. Peru. Preliminary objections, merits, reparations and costs.
Judgment of November 20, 2014. Series C No. 289, para. 287.
34
I/A Court HR, Case of Espinoza Gonzáles v. Peru. Preliminary objections, merits, reparations and costs.
Judgment of November 20, 2014. Series C No. 289, para. 288.
35
I/A Court HR, Case of Espinoza Gonzáles v. Peru. Preliminary objections, merits, reparations and costs.
Judgment of November 20, 2014. Series C No. 289, para. 229.
36
I/A Court HR, Case of González et al. (“Cotton Field”) v. Mexico. Preliminary objection, merits, reparations
and costs. Judgment of November 16, 2009. Series C No.205, and Case of Veliz Franco et al. v. Guatemala.
Preliminary objections, merits, reparations and costs. Judgment of May 19, 2014. Series C No. 277.
37
I/A Court HR, Case of González et al. (“Cotton Field”) v. Mexico. Preliminary objection, merits, reparations
and costs. Judgment of November 16, 2009. Series C No.205, paras. 249 to 286, and Case of Veliz Franco et al. v.
Guatemala. Preliminary objections, merits, reparations and costs. Judgment of May 19, 2014. Series C No. 277,
paras. 133 to 158.
31
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