her home reveal a contradiction in the statement of Ms. Atto Mendives that, following the search of
J.’s domicile, she was taken directly to the DINCOTE (supra para. 92).
340. In sum, the Court finds that, taken as a whole, these factors create doubt as to the absolute
denial by Ms. Atto Mendives that Ms. J. suffered any violence including sexual violence, at the time
of her arrest. In addition, the Court notes that, taking into account the context of violence and
sexual abuse that existed at the time of the facts, such a categorical denial by the witness that this
occurred “in all the actions that [she] took part in as deputy terrorism prosecutor,” raises doubts
about the truth of her assertions.
C.2.5) The failure to investigate the facts
341. Under Article 1(1) of the American Convention, the obligation to ensure the rights
recognized in Articles 5(1) and 5(2) of the American Convention entails the State’s duty to
investigate possible acts of torture or other cruel, inhuman or degrading treatment. 485 This
obligation to investigate is reinforced by the provisions of Articles 1, 6 and 8 of the Inter-American
Convention against Torture that oblige the States “to take effective measures to prevent and
punish torture within their jurisdiction,” and also “to prevent and punish other cruel, inhuman, or
degrading treatment or punishment.” Also, according to Article 8 of that Convention, the States
parties:
shall guarantee that any person making an accusation of having been subjected to torture within their
jurisdiction shall have the right to an impartial examination of his case. Likewise, if there is an accusation or
well-founded reason to believe that an act of torture has been committed within their jurisdiction, the States
Parties shall guarantee that their respective authorities will proceed properly and immediately to conduct an
investigation into the case and to initiate, whenever appropriate, the corresponding criminal proceedings.
342. At the same time, following the entry into force for Peru of the Convention Belém do Pará
(supra paras. 18, 19 and 37), the State was obliged to use due diligence to prevent, punish and
eliminate violence against women. Pursuant to this, the Court has established in its case law that
the provisions of Article 7(b) of the Convention of Belém do Pará stipulate and complement the
State’s obligations as regards compliance with the rights embodied in the American Convention, 486
such as the obligation to ensure the right recognized in Article 5 of the American Convention. In
these cases, the State authorities must open, ex officio and promptly, a serious, impartial and
effective investigation that examines possible acts that constitute violence against women, 487
including sexual violence. This obligation to investigate must take into account the duty of society to
reject violence against women and the obligations of the State to eliminate it and to ensure that the
victims can have confidence in the State institutions created to protect them. 488
343. In addition, in cases where the victims allege that they have been tortured while in the
State’s custody, the Court has indicated that the State is responsible, in its capacity as guarantor of
the rights embodied in the Convention, for respecting the right to personal integrity of every
individual in its custody. 489 Furthermore, the Court’s case law has indicated that whenever a person
is deprived of liberty in a normal state of health and subsequently appears with health problems,
485
Cf. Case of Ximenes Lopes v. Brazil. Merits, reparations and costs. Judgment of July 4, 2006. Series C No. 149, para.
147, and Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala, supra, para. 274.
486
Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs, supra, para. 346, and Case of Gudiel
Álvarez et al. (“Diario Militar”) v. Guatemala, supra, para. 275.
487
Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs, supra, para. 378, and Case of Gudiel
Álvarez et al. (“Diario Militar”) v. Guatemala, supra, para. 275.
488
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 193, and Case of Gudiel Álvarez et al. (“Diario Militar”) v.
Guatemala, supra, para. 275.
489
Cf. Case of Juan Humberto Sánchez v. Honduras, supra, para. 99; and Case of Mendoza et al. v. Argentina, supra,
para. 188.
101
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos