psychological assessment,228 and the psychiatric evaluation.229 There is no evidence that the State took steps to limit the repetition of the statement. 184. Furthermore, the transcripts of the statements in the case file reveal that Ms. Rojas Marín was questioned without any effort being made to make her feel comfortable and free to describe what she considered relevant. To the contrary, the way in which she was questioned appears to show that, from the moment she began to make her statement, the participating officials were expressing doubts about the truth of what she was saying. For example, on March 6, 2008, the presumed victim was asked: Whether on February 28, 2008, when your initial statement was received, your anus was still hurting when you sat down, because your statement took around three and a half hours and you remained seated all that time without revealing any problem and you were even sitting with your legs crossed?230 185. Similarly, in that same statement, when she had already freely narrated the details of the rape, she was asked “if you can specify whether the rubber baton used by the police was introduced into your rectum or was there merely an attempt to introduce it?”231 186. In addition, the judicial authorities carried out a judicial inspection and reconstruction procedure where the presumed victim again had to describe what had happened, but this time in front of those presumably responsible and in the place where the acts occurred. 232 During this procedure, several police agents, judicial officials and the lawyer of one of the accused laughed from time to time when listening to Ms. Rojas Marín’s statement.233 Also, the lawyer of one of the accused constantly interrupted Ms. Rojas Marín’s statement mockingly, and once asking her to scream as she had screamed on the night of February 25, 2008;234 also, at another time, he asked the presumed victim whether “at the time the baton was introduced in the rectum [she] could determine the depth of this penetration.”235 Moreover, during most of the interrogation, this lawyer was holding a rubber baton, which he repeatedly hit against the palm of his other hand.236 The Court notes that the judge in charge of the procedure never prohibited this conduct. Cf. Psychological assessment protocol conducted by the Ascope Forensic Medicine Division of the Institute of Forensic Medicine of the Public Prosecution Service on February 29, 2008 and March 4, 2008 (evidence file, folio 2824). 228 229 Cf. Psychiatric assessment of September 13, 2008 (evidence file, folios 2917 and 2918). Cf. Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police Station on March 6, 2008 (evidence file, folio 2815). 230 Cf. Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police Station on March 6, 2008 (evidence file, folio 2818). 231 Cf. Video 1 of the inspection and reconstruction procedure on August 15, 2008 (evidence file, folder of audiovisual material), and Record of the inspection and reconstruction procedure on August 15, 2008 (evidence file, folio 2896). 232 Cf. Video 1 of the inspection and reconstruction procedure on August 15, 2008 (evidence file, folder of audiovisual material, minutes 00:45, 07:52, 12:05) and Video 2 of the inspection and reconstruction procedure on August 15, 2008 (evidence file, folder of audiovisual material, minutes 05:20 to 05:25). 233 Cf. Video 1 of the inspection and reconstruction procedure on August 15, 2008 (evidence file, folder of audiovisual material, minutes 02:55 to 03:02). 234 Cf. Video 1 of the inspection and reconstruction procedure on August 15, 2008 (evidence file, folder of audiovisual material, minutes 01:49 to 2:23) and Record of the inspection and reconstruction procedure on August 15, 2008 (evidence file, folio 2908). 235 Cf. Video 2 of the inspection and reconstruction procedure on August 15, 2008 (evidence file, folder of audiovisual material, minutes 3:16 to 3:29). 236 49

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