29 not have the necessary chemical reagents to perform the requested tests.” On April 18, 2002, Mrs. Fernández Ortega expanded her statement before the Allende Public Prosecutor’s Office and her oldest daughter, Noemí Prisciliano Fernández, testified about the incident that took place on March 22, 2002.83 88. The expert testimony provided by a chemistry expert on July 9, 2002, determined the presence of “seminal liquid” and “sperm cells” in the samples sent to the laboratory on July 5, 2002.84 89. Then, on August 16, 2002, the Forensic Chemistry Coordinator of the Office of the Attorney General for Justice informed the Military Prosecutor’s Office, which had declared itself competent to continue the investigation, that “the samples obtained from [Mrs.] Fernández Ortega’s vaginal cavity […] were no longer in the biological records because they had been used up during their examination.”85 Subsequently, he also indicated that “the two slides taken from the vaginal cavity of [Mrs.] Fernández Ortega […] were also used up during the tests.”86 B. Arguments of the parties 90. The Commission indicated that rape committed by members of the State’s security forces against members of the civilian population constitutes a grave violation of human rights protected in Articles 5 and 11 of the American Convention. In cases involving the rape of indigenous women, the pain and humiliation is exacerbated because they are indigenous, since “they do not know the language of their attackers and of the authorities that intervene[, and] also owing to the repudiation of their community as a result of the facts.” Mrs. Fernández Ortega “was a victim of rape by members of the Mexican Army” based, among others, on the following evidence: i) Mrs. Fernández Ortega’s statement before the civil authorities and its subsequent expansion; ii) her daughter Noemí Prisciliano Fernández’s statement; iii) the presence of sperm in the samples taken from the alleged victim’s vaginal cavity; iv) the psychiatric certification of the expert physician adjoined to the National Human Rights Commission (hereinafter “CNDH”) stating that the alleged victim had suffered a traumatic experience; v) the undisputed fact of the military presence in the region at the time of the incident; vi) reports of United Nations agencies indicating that information had been received concerning complaints of sexual abuse against indigenous women in Guerrero, and vii) the expert report of Mrs. Correa González, in which she indicated that Mrs. Fernández Ortega had undergone a traumatic experience. She also underscored, “that, at the domestic level, the increased sexual abuse of women for political purposes has been documented, particularly in areas where there is intense militarization, such as in the states of Chiapas, Oaxaca, Veracruz, and Guerrero.” 91. The Commission added that, in addition to affecting the physical, psychological, and moral integrity of the victim, breaking her dignity, rape invades 83 Cf. Expansion of statement of Mrs. Fernández Ortega on April 18, 2002, supra note 69, folios 6869 to 6871, and statement of the girl Noemi Prisciliano Fernandez before the Public Prosecutor of the Common Jurisdiction of the Judicial District of Allende on April 18, 2002 (case file of annexes to the answer to the application, tome II, folio 6862 to 6865). 84 Cf. Forensic Chemistry Report No. PGJE/DGSP/XXVI-II/305/02 issued by the Attorney General for Justice, General Office of Investigatory Services, on July 9, 2002 (file of annexes to the response to the application, tome V, folio 7830). 85 Order No. PGJE/DGSP/XXVI-II/096/02 issued by the Coordinator of the Forensic Chemistry Report of the Attorney General for Justice, General Office of Investigation Services, on August 16, 2002, (case file of annexes to the application, tome II, annex 11, folio 406). 86 Cf. Order No. PGJE/DGSP/XXVI-II/426/2002 issued by the Coordinator of Forensic Chemistry of the Attorney General for Justice, General Office of Investigation Services, on September 25, 2002 (file of annexes to the application, tome II, annex 12, folio 408).