28
that the perpetrators of the incident had been soldiers, an agent at the Public
Prosecutor’s Office told them “that he did not have time to receive the complaint.”76
Finally, following the intervention of the Inspector General of the Guerrero Human
Rights Commission, an official of the Public Prosecutor’s Office took Mrs. Fernández
Ortega’s statement about the facts in the presence of other people who were in the
offices of this public institution.77 The Public Prosecutor’s Office sent a request to
the district forensic physician asking him “to examine [Mrs.] Fernández Ortega as
soon as possible [and] to submit a medical gynecological certificate of the
injuries.”78 Both Mrs. Fernández Ortega and Mr. Lugo Cortés insisted that she
should be examined by a female doctor.79 Owing to the absence of a female doctor
who could perform the medical examination, the Public Prosecutor’s Office referred
the alleged victim to the Ayutla General Hospital.80
86.
The same day, March 24, 2002, Mrs. Fernández Ortega went to the Ayutla
General Hospital, where she asked to be examined by a female physician. There
was no female doctor in the hospital at the time; she was therefore told to return
during normal working hours from Monday to Friday when there would be female
personnel.81 On March 25, 2002, Mrs. Fernández Ortega went again to the Ayutla
General Hospital, and a female general practitioner from the hospital performed a
gynecological examination, based on which she determined that the alleged victim
“did not show signs of violence,” and she requested that laboratory tests be carried
out.82
87.
On April 4, 2002, the Director of the Ayutla General Hospital informed the
agent at the Public Prosecutor’s Office that “the requested tests had not been
performed owing to the lack of the required chemical reagents.” On April 5, 2002,
Mrs. Fernández Ortega asked the Public Prosecutor’s Office to require the Director
of said hospital “to, as quickly as possible, issue a report on her physical and
gynecological examination and on the tests carried out on her” on March 25, 2002,
and also to “explain, in writing, what his medical personnel had done with the
samples […] that had been taken in order to conduct the laboratory tests the doctor
had requested, since the [D]irector of the [H]ospital […] had advised that [it] did
Eugenio Manuel before a public notary, supra note 72, folio 1152, and sworn statement of Mr. Lugo
Cortés before public notary, supra note 67, folio 1534.
76
Cf. Sworn statement of Mrs. Fernandez Ortega before a public notary, supra note 62, folio
1485; sworn statement of Mrs. Eugenio Manuel before a public notary, supra note 72, folio 1152; sworn
statement of Mr. Prisciliano Sierra before a public notary, supra note 66, folio 1501, and sworn
statement of Mr. Lugo Cortés before public notary, supra note 67, folio 1534.
77
Cf. Sworn statement of Mrs. Fernandez Ortega before public notary, supra note 62, folio 1485,
and sworn statement of Mr. Lugo Cortés before public notary, supra note 67, folio 1534.
78
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 and Order No. 283 issued by the
Public Prosecutor of the Common Jurisdiction on March 24, 2002 (case file of annexes to the answer to
the application, tome II, folio 6831).
79
Cf. Sworn statement of Mrs. Fernandez Ortega before a public notary, supra note 62, folio
1485, and sworn statement of Mr. Lugo Cortés before public notary, supra note 67, folios 1534 and
1535. In this respect, see also Order No. 847/2002 issued by the CODDEHUM, supra note 74, folio 1931.
80
Cf. Order No. 286 issued by the Common Public Prosecutor’s Office, addressed to the Director
of Ayutla General Hospital, on March 24, 2002, (case file of annexes to the answer to the application,
tome II, folio 6839).
81
Cf. Statement of a doctor before the Military Public Prosecutor’s Office adjoined to the 35th
Military Zone on May 3, 2002 (file of annexes to the application, tome IV, annex 4, folio 1908), and
Order 0176/02 issued by the Director of the General Hospital of Ayutla addressed to the Common Public
Prosecutor’s Office of the Judicial District of Allende, on March 26, 2002 (file of annexes to the answer to
the application, tome II, folio 6842).
82
Cf. Note issued by a female doctor of the Ayutla General Hospital on March 25, 2002 (file of
annexes to the response, tome II, annex 7, folio 398), and Order 0176/02 issued by the Director of the
Ayutla General Hospital, supra note 81, folio 6842.