35
mistreated; they always said I was a guerrilla; I always suffered disdain, humiliation, I never
had any peace.”130
99.
In addition, expert witness María Sol Yáñez described how “Gregoria has very deep
anguish owing to the abandonment, from being unable to have love and caresses and
affection. When children are small, they should spend their time playing and daydreaming;
Gregoria had to spend her time surviving and, in addition, she was mistreated and […]
raped.131 Furthermore, she classified those years in the life of Gregoria Herminia as a period
of “general ill-treatment“132 and of “a daily context of […] dehumanization,”133 during which
she was accused “of being a guerrilla.”134
100. The Court considers that the separation of children from their families under the
circumstances of this case has had specific and especially serious effects on their personal
integrity that could have a lasting impact. In the case of Gregoria Herminia Contreras, the
soldier Molina assured her that her parents had been killed in the context of the armed
conflict in El Salvador (supra para. 69), which caused her intense mental suffering. In
addition, the Court finds that Gregoria Herminia Contreras was subjected to various forms of
physical, mental and sexual abuse, including physical mistreatment, exploitation,
humiliation, and threats by her aggressor, who also raped her at knifepoint,135 in
circumstances where she was in a situation of absolute defenselessness and helplessness,136
as well as subject to the custody, authority and complete control of the soldier Molina.
Moreover, the Court emphasizes that rape is an extremely traumatic experience that can
have serious consequences and cause great physical and mental harm.137
101. In this regard, it has been said that, “[v]iolence against children takes a variety of
forms and is influenced by a wide range of factors, from the personal characteristics of the
victim and perpetrator to their cultural and physical environments”138 and includes “all forms
130
Testimony given by Gregoria Herminia Contreras before the Inter-American Court during the public hearing
held on May 17, 2011.
131
Expert opinion provided by María Sol Yáñez de la Cruz before the Inter-American Court during the public
hearing held on May 17, 2011.
132
Expert opinion provided by María Sol Yáñez de la Cruz before the Inter-American Court during the public
hearing held on May 17, 2011.
133
Expansion of the expert opinion provided by María Sol Yáñez de la Cruz on June 8, 2011 (evidence file,
volume XI, affidavits, folio 7575/10).
134
Expansion of the expert opinion provided by María Sol Yáñez de la Cruz, supra note 133, and Testimony
given by Gregoria Herminia Contreras before the Inter-American Court during the public hearing held on May 17,
2011.
135
Cf. Testimony given by Gregoria Herminia Contreras before the Inter-American Court during the public
hearing held on May 17, 2011.
136
In this regard, it is worth underlining that Gregoria Herminia Contreras declared: “I had no one at that
time; I wanted to have my real parents, because I was sure that if I had had them, none of this would have
happened to me; I suffered a great deal because no one helped me.” Testimony given by Gregoria Herminia
Contreras before the Inter-American Court during the public hearing held on May 17, 2011.
137
Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs. Judgment of November
25, 2006. Series C No. 160, para. 311; Case of Rosendo Cantú et al. v. Mexico. Preliminary objection, merits,
reparations and costs. Judgment of August 31, 2010. Series C No. 216, para. 114, and Case of Fernández Ortega et
al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of August 30, 2010. Series C No. 215,
para. 124.
138
Case of González et al. (“Campo Algodonero”) v. Mexico. Preliminary objection, merits, reparations and
costs. Judgment of November 16, 2009. Series C No. 205, para. 407, citing United Nations, sixty-first session,
Agenda item 62 of the provisional program: Promotion and protection of the rights of the child. Report of the
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