21
with which the State’s local and federal authorities collaborated.48 Finally, the fact that
the diagnosis of access to justice for indigenous peoples that she headed referred to a
state other than Guerrero, is not a circumstance that, in itself, and in the absence of any
other grounds, would disqualify the expert opinion. Based on the foregoing, the Court
decides to admit these expert opinions and will assess them together with the rest of the
body of evidence, taking into account the State’s observations and the rules of sound
judicial discretion.
VIII
ARTICLES 5 (RIGHT TO HUMANE TREATMENT)49 AND 11 (RIGHT TO
PRIVACY)50, IN RELATION TO ARTICLE 1(1) (OBLIGATION TO RESPECT
RIGHTS),51 OF THE AMERICAN CONVENTION AND 1, 2, AND 6 OF THE INTERAMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE,52 AND 7 OF
THE CONVENTION OF BELEM DO PARA.53
69.
In order to respond to the alleged violations of the rights established in Articles 5
and 11 of the American Convention and the alleged non-compliance of the obligations
enshrined in other related Inter-American treaties, the Court will establish: a) the facts
of the present case related to the alleged rape; b) the arguments of the parties in this
48
Cf. Curriculum vitae of expert witness Perlin (case file of annexes to the application, tome I, annex 26,
folios 689 to 696).
49
Article 5 of the American Convention establishes, in what is pertinent, that:
1. Every person has the right to have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment. All persons deprived of their liberty shall be treated with respect for the inherent
dignity of the human person.
50
Article 11 of the Convention establishes, inter alia, that:
1. Everyone has the right to have his honor respected and his dignity recognized.
2. No one may be the object of arbitrary or abusive interference with his private life, his family, his
home, or his correspondence, or of unlawful attacks on his honor or reputation.
51
Article 1(1) establishes that: “[t]he States Parties to this Convention undertake to respect the rights
and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and
full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex,
language, religion, political or other opinion, national or social origin, economic status, birth, or any
other social condition.”
52
The Inter-American Convention to Prevent and Punish Torture establishes, inter alia, that:
Article 1
The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.
Article 2
For the purposes of this Convention, torture shall be understood to be any act intentionally performed
whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as
a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other
purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the
personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical
pain or mental anguish.
Article 6.
In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and
punish torture within their jurisdiction.
The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under
their criminal law and shall make such acts punishable by severe penalties that take into account their
serious nature.
53
Article 7(a) and (b) of the Convention of Belém do Pará, establishes, in what is pertinent, that:
The States Parties condemn all forms of violence against women and agree to pursue, by all appropriate
means and without delay, policies to prevent, punish and eradicate such violence and undertake to:
a. refrain from engaging in any act or practice of violence against women and to ensure that their
authorities, officials, personnel, agents, and institutions act in conformity with this obligation[, and]
b. apply due diligence to prevent, investigate and impose penalties for violence against women[.]