the fact that not all were resolved in her favor where the law was not of
assistance to her.
31.
With regard to the petitioner’s allegation regarding the action of
the Judge, the State indicates that the Office of the Prosecutor for the
Defense of Human Rights sent a communication to her on May 14,
2002, recognizing her work in the case. It also indicates that there is no
evidence for the petitioner’s allegation that the judge was removed for
acts of corruption or her conduct in these proceedings.
32.
It also alleges that the petitioner and the child V.R.P. have
been afforded, through the different entities involved, the judicial
protection enshrined in Article 25 of the American Convention, as well as
access to remedies and to a fair trial. With regard to the length of the
proceedings, it states that “this is due to multiple motions to vacate,
appeals, objections, and applications for reconsideration filed by both
parties with the courts (...), as well as the recusal by some judges from
considering and adjudicating the case, since they considered that no
procedural errors or conflicts of interest were present therein.”28
33.
Moreover, the State indicates there was no abusive interference
in V.R.P.’s private life, or any other assault by the State on her personal
honor or dignity. It also indicates that no discriminatory act occurred
that might affect the interests of V.R.P. With regard to the alleged
violation of Articles 17 and 19 of the American Convention, it states
that:
… the State has not interfered in any way in Mrs. V.P.C.’s
family unit. Rather, her rights have been respected and they
have been afforded protection. The State has only acted as
necessary in connection with the crime that was the subject
of the proceedings, where her family unit was at stake, all
taking into consideration the exercise of the rights of the
minor child and the petitioner.29
34.
In a communication of February 16, 2005, the State alleges
that the Disciplinary Committee of the Supreme Court of Justice studied
the complaint filed by the petitioner against the Prosecutor and the
forensic physician, but, in accordance with the provisions of Article 72.7
of the Organic Law of the Judiciary, the Supreme Court decided not to
admit it, although the petitioner has indicated that she did not obtain a
reply to this appeal. Subsequently, on June 29, 2007, regarding the
alleged accusations or complaints that V.P.C. alleges to have lodged
28 Note from the State of December 15, 2005, MRE/SREC-DGOI/842/12/05.
29 Note from the State of December 15, 2005, MRE/SREC-DGOI/842/12/05.
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