23
71.
Among the forms of violence that affect women in the state of Guerrero, there
exists “institutional violence by the Military.”60 The presence of the Army performing
police work in the state of Guerrero has been a polemic issue because it conflicts with
individual and communitarian rights and freedoms, and has placed the population,
particularly the women, in a situation of extreme vulnerability.61 According to the
Secretariat for Women’s Affairs in the state of Guerrero in this setting, “[i]ndigenous
women continue to suffer the consequences of a patriarchal structure that is blind to
gender equity, particularly within institutions such as the Armed Forces or police, whose
members are trained to defend the nation, and to combat or attack criminals, but who
are not sensitized to the human rights of the community and of women.”62 In this
context, between 1997 and 2004, complaints were filed in six cases of the rape of
indigenous women attributed to members of the Army in the state of Guerrero, which
were all heard in the military justice system,63 and there is no evidence that those
responsible have been punished in any of these cases.
72.
Mrs. Rosendo Cantú is an indigenous woman and a member of the Me´phaa
indigenous community,64 originally from the Caxitepec community, state of Guerrero.65
At the time of the facts, she was 17 years of age,66 and she was married to Mr. Fidel
Bernardino Sierra67 with whom she lived with, approximately one-hour walking distance
from Barranca Bejuco,68 with their daughter, Yenys Bernardino Rosendo, born November
23, 2001.69 The community of Barranca Bejuco is located in an isolated mountainous
area, and consequently, access is difficult.70
73.
Mrs. Rosendo Cantú stated that on February 16, 2002, at around three in the
afternoon, she was at a stream near her home where she had gone to wash clothes.
When she went to bathe, eight soldiers, accompanied by a civilian they had detained,
approached her and surrounded her. Two of them questioned her about “the hooden
60
Cf. Report, Secretariat for Women’s Affairs of the state of Guerrero and others, supra 54, folio 19715,
and Report 2003, United Nations Office of the High Commissioner in Mexico, supra note 34, folio 293.
61
Cf. Report, Secretariat for Women’s Affairs of the state of Guerrero and others, supra note 54, folio
19716
62
Network Development 2008, Secretariat for Women’s Affairs of the state of Guerrero and National
Network of Shelters, supra note 57, folio 19086.
63
Cf. Report, Secretariat for Women’s Affairs of the state of Guerrero and others, México, supra note 54,
folios 19716 and 19717, and sworn statement rendered before a public notary by expert witness Stavenhagen,
supra note 54, folio 1180.
64
Cf. Sworn statement rendered by Mrs. Rosendo Cantú in the public hearing on May 27, 2010; brief of
complaint filed by Mrs. Rosendo Cantú and Mr. Bernardino Sierra before the National Human Rights
Commission (NHRC) on February 27, 2002 (case file of annexes to the answer to the application, tome I,
annex 1, folio 7556).
65
Cf. Complaint filed by Mrs. Rosendo Cantú before the Public Prosecutor of the Common Jurisdiction of
the Judicial District of Allende, Ayutla de los Libres, Guerrero, on March 8, 2002 (case file of annexes to the
application, tome V, annex 1, folios 9262 and 9268 to 9270), and birth certificate of Mrs. Rosendo Cantú (case
file of annexes to the brief of motions and pleadings, tome I, annex 23, folio 5469).
66
Cf. Birth certificate of Mrs. Rosendo Cantú, supra note 65, folio 5469.
67
Cf. Marriage Certificate of Mr. Bernardino Sierra and Mrs. Rosendo Cantú of July 31, 2001 (case file of
annexes to the brief of pleadings and motions, tome II, annex 27, folio 5501). In 2005, Mr. Bernardino Sierra
abandoned his family and moved to another city. Cf. Statement by Mrs. Correa González rendered before a
public notary on May 6, 2010 (case file on the merits, tome III, folio 1148), and statement of Mrs. Alejandra
Gonzalez Marin rendered before a public notary on October 22, 2009 (case file of annexes to the brief of
pleadings and motions, tome I, annex 26, folios 5481 and 5482).
68
Cf. Complaint filed by Mrs. Rosendo Cantú before the Public Prosecutor of the Common Jurisdiction,
supra note 65, folio 9268.
69
Cf. Birth Certificate of Yenys Bernardino Rosendo (case file of annexes to brief of motions and
pleadings, tome II, annex 27, folio 5469).
70
Cf. Written final arguments of the State (case file on the merits, tome IV, folio 2004).