22
respect, and will examine: c) if arising from the evidence at the disposition of the
Tribunal, the Court can establish the international responsibility of the State, d) the
eventual legal classification of the facts related to the rape, and e) the alleged affliction
to the personal integrity that relate to the search for justice.
A.
Facts relating to the alleged rape of Mrs. Rosendo Cantú
70.
The facts of the present case occurred in the context of a significant military
presence in the state of Guerrero,54 aimed at repressing unlawful activities such as
organized crime. It has been reported that fundamental rights were violated during the
repression of such activities.55 In the state of Guerrero, most of the population belongs
to indigenous communities, who conserve their traditions and cultural identity and reside
in the poorest and most marginalized municipalities.56 In general, the indigenous
population is in a situation of vulnerability, and this is reflected in various forums, such
as in the administration of justice and health care services. Especially, the members of
this population are defenseless because they do not speak Spanish and do not have
interpreters, because of the absence of financial resources to hire a lawyer, to travel to
health care centers or to the organs of justice, and also because they are often victims
of abusive practices or practices that violate due process.57 Owing to this situation,
members of the indigenous communities do not use the organs of justice or the public
agencies engaged in the protection of human rights, because they distrust them or
because they fear reprisals,58 and in the case of indigenous women, the situation is even
worse, because filing complaints concerning certain acts has become a challenge that
requires them to overcome many obstacles, such as rejection from their community and
other “harmful traditional practices.”59
54
Cf. Report 2003, United Nations Office of the High Commissioner for Human Rights in Mexico, supra
note 34, folio 293); Report regarding violence against women in the Municipalities of the Mountain region of
Guerrero [Diagnóstico sobre violencia contra las mujeres en los Municipios de la región de la Montaña de
Guerrero], Secretariat for Women’s Affairs in the state of Guerrero and others (file of annexes presented by
the State during the public hearing, tome VI, annex 13, folio 19709), and sworn statement made before a
public notary by the expert witness Stavenhagen on March 29, 2010, (case file on the merits, tome II, folio
1178), and press release No. 026 issued by the Secretariat of National Defense on March 7, 2002 (case file of
annexes to the answer to the application, tome I, folio 7617).
55
Cf. Report 2003, United Nations Office of the High Commissioner for Human Rights in Mexico, supra
note 34, folio 293; Report, Secretariat for Women’s Affairs of the state of Guerrero and others, supra note 54,
folios 19716 and 19717; Always close, always far: The Armed Forces in Mexico [Siempre cerca, siempre lejos:
Las fuerzas armadas en México], Global Exchange, CIEPAC and CENCOS, supra note 34, folios 5033, 5034, and
5036 to 5039, and sworn statement made before a public notary by expert witness Rodolfo Stavenhagen,
supra note 54, folio 1178.
56
Cf. Model of Reference of Cases of Gender Violence for the state of Guerrero [Modelo de Referencia de
Casos de Violencia de Género para el Estado de Guerrero], Secretariat of Women’s Affairs for the state of
Guerrero, December 2008 (file of annexes presented by the State at the public hearing, tome V, annex 8,
folios 19249 and 19250); Report, Secretariat for Women’s Affairs of the state of Guerrero and others, supra
note 54, folio 19696; and sworn statement made before a public notary by expert witness Rodolfo
Stavenhagen, supra note 54, folio 1178.
57
Cf. Reference Model 2008. Secretariat of the Women’s Affairs by the state of Guerrero, supra note 56,
folio 19249, and Development of Networks for the detection, support, and reference of cases of violence
against indigenous women of Guerrero [Desarrollo de Redes de detección, apoyo y referencia de casos de
violencia contra las mujeres indígenas de Guerrero], Secretariat for Women’s Affairs of the state of Guerrero
and National Network of Shelters, December 2008 (file of annexes submitted by the State at the public
hearing, tome V, annex 7, folios 19081 to 19090).
58
Cf. Report 2003, United Nations Office of the High Commissioner for Human Rights in Mexico, supra
note 34, folios 293 and 294; sworn statement of expert Rodolfo Stavenhagen rendered before a public notary,
supra note 54, folio 1179, and sworn statement of expert Bonfil Sanchez rendered before a public notary,
supra note 54, folios 1413 and 1416.
59
Cf. Network Development 2008, Secretariat for Women’s Affairs of the state of Guerrero and National
Network of Shelters, supra note 57, folio 19087, and sworn statement rendered by expert witness Rodolfo
Stavenhagen before a public notary, supra note 54, folio 1179 to 1181.