32
disrespect, persecution, discrimination, false accusations, or threats committed by
State agents against the alleged victim or her family.” To the contrary, the alleged
victim and her family “possess all the remedies established in domestic law to
denounce possible accusations or threats; also, [the State] has put in place, the
necessary measures for the protection of [Mrs. Fernández Ortega] and her family,
such as the provisional measures that are in force.”
99.
Based on the foregoing, it asked the Court to declare that “the State cannot
be attributed directly or indirectly with international responsibility for the violation
of the rights to personal integrity […] or to honor and dignity […] to the detriment
of Mrs. Fernández Ortega,” recognized in Articles 5 and 11 of the American
Convention. Likewise, since “constituent elements have not been provided to
conclude that, in the present case, Mrs. […] Fernández Ortega was the victim of an
act of torture,” the State asked that the Court determine “the inexistence of
violations to Articles 1, 6, and 8 of the Inter-American Convention to Prevent and
Punish Torture.” In addition, it requested that the Court recognize its compliance
with the right to guarantee the rights established in the American Convention and
the other Inter-American instruments.
C. Evidence of rape against Mrs. Fernandez Ortega
i) Statement of Mrs. Fernandez Ortega
100. First, the Court finds it evident that rape is a special type of violence, which
is generally characterized as taking place in the absence of persons other than the
victim and the aggressor or aggressors. In view of the nature of this type of
violence, one cannot await graphic or documentary evidence, thus the victim’s
statement becomes the fundamental proof of that which occurred.
101. The alleged victim testified about the facts on several occasions, at both the
domestic level and in the proceedings before the Inter-American system. On March
24, 2002, Mrs. Fernández Ortega filed a criminal complaint before the Public
Prosecutor’s Office and on April 18, 2002, she expanded her complaint (supra
paras. 85 and 87). Furthermore, on March 25, 2002, she filed a complaint before
the Guerrero Human Rights Commission.87 Subsequently, on August 14, 2009, Mrs.
Fernández Ortega again expanded her statement, in writing and orally, before the
Public Prosecutor’s Office of the Special Prosecutor for the Investigation of Sexual
Offenses and Domestic Violence of the State of Guerrero.88 Lastly, on March 19,
2010, she gave a sworn statement before a public notary for this Court89 in which
she stated:
87
Cf. Recommendation No. 048/2003 issued by the National Human Rights Commission (case file
of annexes to the application, annex 20, tome II, folio 572), and brief of nonconformity presented by
Mrs. Fernandez Ortega before the Military Public Prosecutor’s Office adjoined to the 35th Military Zone
(file of annexes to the application, annex 14, tome II, folio 413 and 414). This description of the facts of
March 22, 2002 coincides with the narration of antecedents of the acts claimed and presented by Mrs.
Fernández Ortega in her Petition for relief [Amparo] number 405/2002 before the First District Judge in
the state of Guerrero on February 9, 2003 (File of annexes to the application, annex 115, tome II, folio
433 and 434).
88
Cf. Appearance before the Agent of the Special Prosecutor’s Office of Sexual Offenses and
Domestic Violence of the state of Guerrero, expansion of the ministerial declaration and ratification of
the brief of Mrs. Fernández Ortega before the Agent of the Public Prosecutor’s Office of the Federation of
the Special Prosecutor’s Office for Crimes of Violence against Women and Human Trafficking on August
14, 2009 (case file of annexes to the answer to the application, tome V, folios 8213 and 8216).
89
1484.
Cf. Statement of Mrs. Fernandez Ortega before a public notary, supra note 62, folios 1483 and