27
83.
While the soldiers were inside the home inflicting harm upon Mrs. Fernandez
Ortega, in the moments immediately prior to the rape, her four children ran to their
grandparents house, which was nearby. When the group of soldiers left the
property, the children returned home accompanied by their paternal grandfather,
and found their mother crying.70 Later, when her husband arrived home, she told
him what had happened.71
84.
The following day, Mr. Prisciliano Sierra went to the headquarters of the
Organización del Pueblo Indígena Me’paa en Ayutla de los Libres [Organization of
Indigenous Me’Paa People in Ayutla of los Libres] in order to recount to Mrs.
Eugenio Manuel and Mr. Ramirez Rodriguez, members of said organization, that
which had occurred to his wife. Mrs. Eugenio Manuel telephoned Mr. Lugo Cortés,
Inspector General of the Commission for the Defense of Human Rights of Guerrero
(hereinafter also “Guerrero Human Rights Commission” or “CODDEHUM”), in order
to submit the corresponding complaint, and he came over to the OPIM Office.
Subsequently, the four of them went to Mrs. Fernández Ortega’s home and took her
to a private doctor in Ayutla, because “[s]he felt very ill.”72 The doctor merely
prescribed a medicine for the pain, because, “according to him, there was no other
medicine.”73
85.
On March 24, 2002, Mrs. Fernández Ortega, accompanied by Mr. Prisciliano
Sierra, Mrs. Eugenio Manuel, and Mr. Lugo Cortés, went to the Public Prosecutor of
the Common Jurisdiction of the Judicial District of Allende, located in the
municipality of Ayutla los Libres, Guerrero (hereinafter “Allende Public Prosecutor’s
Office”) to file a complaint concerning the facts, resulting in preliminary
Investigation ALLE/SC/03/76/2002.74 Since Mrs. Fernández Ortega had difficulty
speaking Spanish, because her mother tongue Me´phaa, Mrs. Eugenio Manuel
acted as interpreter in the sworn statement.75 When the alleged victim indicated
70
Cf. Sworn statement of Noemí Prisciliano Sierra made before a public notary, supra note 68,
folio 1494; Sworn statement of Mrs. Fernández Ortega made before a public notary, supra note 62, folio
1484, and complaint filed by Mrs. Fernández Ortega before the Public Prosecutor of the Common
Jurisdiction of the Judicial District of Allende, supra note 69, folio 6836.
71
Cf. Sworn statement of Mr. Prisciliano Sierra made before a public notary, supra note 66, folio
1500.
72
Cf. Sworn statement of Mr. Prisciliano Sierra before a public notary, supra note 66, folios 1500
and 1501; sworn statement of Mrs. Eugenio Manuel on March 19, 2010 before a public notary (case file
on the merits, tome III, folio 1152); sworn statement of Mr. Ramírez Rodríguez made before a public
notary (case file on the merits, tome III, folios 1510 and 1511); sworn statement of Mr. Lugo Cortés
made before a public notary, supra note 67, folios 1530 to 1533, and sworn statement of Mrs.
Fernández Ortega before a public notary, supra note 62, folios 1484 and 1485, who declared that after
the events occurred, “she was very cold and felt pain in [her] belly, as well as when she went to the
bathroom.”
73
Cf. Sworn statement of Mr. Lugo Cortés made before public notary, supra note 67, folio 1533,
and sworn statement of Mrs. Fernandez Ortega made before public notary, supra note 62, folio 1485.
74
Cf. Complaint filed by Mrs. Fernández Ortega before the Public Prosecutor of the Common
Jurisdiction of the Judicial District of Allende, supra note 69, folio 6826; sworn statement of Mr.
Prisciliano Sierra before a public notary, supra note 66, folios 1500 and 1501; sworn statement of Mrs.
Eugenio Manuel before a public notary, supra note 72, folio 1152; sworn statement of Mr. Lugo Cortés
before a public notary, supra note 67, folio 1533, and sworn statement of Mrs. Fernández Ortega before
a public notary, supra note 62, folio 1485. Likewise, on March 24, 2002, the Commission for the Defense
of Human Rights of the state of Guerrero made a visit to initiate the preliminary investigation of the
Public Prosecutor of the Common Jurisdiction for rape offenses, breaking and entering, abuse of
authority, and the consequences thereof, to the detriment of Mrs. Fernández Ortega, cf. Order No.
847/2002 issued by the CODDEHUM, addressed to the Agent of the Public Prosecutor of the Common
Jurisdiction of the Judicial District of Allende, of March 24, 2002 (case file of annexes to the application,
tome IV, apendix 4, folio 1931).
75
Cf. Complaint filed by Mrs. Fernández Ortega before the Public Prosecutor of the Common
Jurisdiction of the Judicial District of Allende, supra note 69, folios 6828 and 6835; sworn statement of
Mrs. Fernandez Ortega before a public notary, supra note 62, folio 1485; sworn statement of Mrs.