of any kind (supra para. 347). In addition, this Court notes that Article 7(b) of the Convention of
Belém do Pará specifically obliges the States parties, as of its entry into force for each particular
State, to use due diligence to prevent, punish and eliminate violence against women. Thus, when
an act of violence is committed against a woman, it is particularly important that the authorities in
charge of the investigation conduct it with determination and effectiveness, taking into account
society’s duty to reject violence against women and the obligation of the State to eliminate it and
give the victims confidence in the State institutions created to protect them. 506 Consequently,
States must ensure that their domestic laws do not impose differentiated conditions for the
investigation of attacks on personal integrity of a sexual nature. In this regard, the Court notes
that, under the laws currently in force in Peru, the investigation of offenses against sexual liberty
can be opened ex officio. 507
351. The third justification asserted by the State for not opening an investigation was that the
presumed victim did not report the facts on occasions other than those described above. In this
regard, the Court notes that it is not necessary for the presumed victim to report the facts more
than once for the obligation to investigate to arise. Moreover, in cases of alleged sexual violence,
the investigation should try insofar as possible to avoid the possible revictimization or reliving of the
traumatic experience each time that the victim recalls or makes a statement about what
happened. 508 Therefore, it is not reasonable to require victims of sexual violence to repeat the said
ill-treatment of a sexual nature in each of their statements or each time that they address the
authorities. Furthermore, the Court reiterates that, in the specific case of Ms. J., she reported the
said ill-treatment on the two occasions she was granted to make a statement before the authorities:
the police statement and her preliminary statement.
352. The fourth and last justification provided by the State is that, “it has been usual that those
prosecuted for terrorism allege unduly that they have been victims of rape or other acts of a sexual
nature, even though these assertions are not corroborated by the forensic medicine examinations
performed, and their only purpose is to contest the legality of the criminal proceedings.” 509 The
Court observes that this argument reveals a notion that (i) automatically assumes that complaints
of sexual violence are false, contrary to the obligation to open an investigation ex officio each time
that a complaint is made or there are indications that this has occurred (supra paras. 341, 342 and
345); (ii) it is contrary to the context of sexual violence that existed at the time of the facts (supra
paras. 315 to 317); (iii) it ignores the fact that not all cases of sexual violation and/or rape cause
physical injuries that can be verified by a medical examination (supra para. 329), and (iv) it reveals
a discretional and discriminatory standard, based on the procedural situation of the women, in order
not to open an investigation into an alleged rape or sexual violence. In this regard, the Court recalls
that the investigation that the State should open, once the State authorities are aware of the act,
must be serious, impartial and effective (supra para. 342). Therefore, the initiation of the
investigation cannot be conditioned by the person filing the complaint or by the belief of the
authorities, before opening the investigation, that the allegations made are false.
353. In summary, this Court considers that, in this case, the State should have opened an
investigation following the first complaint made by Ms. J. on April 21, 1992. The failure to
investigate prevents the State from presenting a satisfactory and convincing explanation of the ill506
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 193, and Case of Rosendo Cantú et al. v. Mexico, supra,
para. 177.
507
Cf. Law 27,115, which establishes the public criminal action for offenses against sexual liberty (file of annexes to the
State’s brief of June 24, 2013, annex 8, folios 4323 and 4324), and 1941 Code of Criminal Procedures, article 302 (file of
annexes to the State’s brief of August 14, 2013, folio 5159).
508
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 196, and Case of Rosendo Cantú et al. v. Mexico, supra,
para. 180.
509
The State’s answering brief (merits file, folio 498).
105
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