60
the consequences of the rape; iv) a complete and detailed medical and psychological
examination should be made immediately by appropriate trained personnel, of the sex
preferred by the victim insofar as this is possible, and the victim should be informed that
she can be accompanied by a person of confidence if she so wishes; v) the investigative
measures should be coordinated and documented and the evidence handled with care,
including taking sufficient samples and performing all possible tests to determine the
possible perpetrator of the act, and obtaining other evidence such as the victim’s
clothes, immediate examination of the scene of the incident, and guaranteeing the
proper chain of custody of the evidence, and vi) access to free legal assistance at all
stages of the proceedings should be provided to the victim.
179. In the present case, in addition to the facts that the State has acknowledged
(supra paras. 16 and 18), the Court finds that, inter alia, the following omissions and
errors in the investigations have been proven:
i)
the State had knowledge of the facts prior to the filing of the claim on
March 8, 2002, before the Civil Public Prosecutor’s Office, but did not initiate an
immediate investigation, did not offer medical assistance to the victim to obtain
the necessary evidentiary evidence, and it did not present, at any time, the
conducive criminal complaint for the rape of an indigenous girl child.240 The
National Human Rights Commission received a complaint241 from
ii)
Mrs. Rosendo Cantú narrating the facts on February 27, 2002,242 sent an
accord the following day,243 and then on March 4, of that same year, the
complaint was initiated.244 On the other hand, the State, in a report presented by
240
The Law of the National Human Rights Commission, of 1992, in Article 71 provides:
The National Commission may submit a special report if acts or omissions persist that involve evasive conduct
or delaying tactics on the part of the authorities and public servants who have to intervene or assist in the
investigations, despite the requirements set by these authorities.
The National Commission shall file complaints before the relevant bodies the crimes or misdemeanors that,
despite the conduct and attitudes, were committed by the authorities or government officials concerned.
The Mexican Code of Military Justice, in Article 100 stipulates that:
The member of the military [soldier] who discovers or becomes aware in any way of the commission of a crime
of the jurisdiction of military tribunals, is obliged to immediately inform the Public Prosecutor’s Office, through
due conduct.
The violation of this provision shall not be punishable when the offender is linked to the member of the military
[soldiers] due to a blood relationship in a straight line without limitation of degree, and in the collateral to the
fourth, or of affinity to the second, inclusive.
The Law for the Protection and Development of Children in the state of Guerrero, on January 15, 2002, in
Article 122 mandates that:
Every person who knows of and notices actions or omissions of mistreatment, abandonment, neglect, abuse,
and generally, of any assault suffered by a minor of age to their physical or moral integrity, property or rights,
is required to file a complaint with the Office of the Defense of the Child.
241
Cf. Brief of complaint filed by Mrs. Rosendo Cantú and el Mr. Bernardino Sierra before the NHRC,
supra note 64, folios 7556 and 7561.
242
Cf. Acknowledgment of receipt of the complaint filed by Mrs. Rosendo Cantú in the Office of Parties of
the National Human Rights Commission by the Fourth Inspectorate General of the National Human Rights
Commision, of February 27, 2002 (case file of annexes to the answer to the application, tome I, folio 7556).
243
Cf. Record of receipt of documents of the National Human Rights Commission, of February 28, 2002
(case file of annexes to the answer to the application, tome I, folio 7550).
244
Cf. Identification card of complaint of technical recird of the National Human Rights Commission, of
March 4, 2002 (case file of annexes to the answer to the application, tome I, folio 7574 to 7576).
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