25
In said consultation, “lab studies” were requested,77 which consisted of a general urine
exam.78
76.
On February 27, 2002, Mrs. Rosendo Cantú and Mr. Bernardino Sierra filed a
complaint “against members of the Mexican Army […] for violating human rights” before
the National Human Rights Commission79 (hereinafter “the National Commission” or
“NHRC”). On March 7th of the same year, the Director General of the National
Commission informed the alleged victim of the admission of the complaint, and
consequently, the initiation of the Preliminary Investigations and corresponding
proceedings.80 On March 11, 2002, Mrs. Rosendo Cantu and her husband requested the
intervention of the Constitutional Governor of Guerrero, wherein aside from requesting
justice be served, they asked that disciplinary actions be made to the health care
services “which they had a right to in the Caxitepec clinic.”81
77.
On March 7, 2002, the Mexican League for the Defense of Human Rights [Liga
Mexicana por la Defensa de los Derechos Humanos] filed a claim before the Commission
for the Defense of Human Rights for the state of Guerrero (hereinafter also, “Human
Rights Commission of Guerrero” or “CODDEHUM”), in regard to the case of Mrs. Rosendo
Cantú, for “alleged violations […], which consist of torture, wounds, and rape by
members of the army.”82 That same day, the Secretary of National Defense issued a
press release stating that “members of the Mexican Army and Armed Forces, engaged in
a permanent campaign against drug trafficking in the state of Guerrero, did not at said
time or location, carry out an operation in the area of the Barranca […] Bejuco
community.”83 On March 8, 2002, the Inspector General of the Human Rights
Commission of Guerrero, took the statement of Mrs. Rosendo Cantú and her husband,
and in addition, found out that in the records of the Public Prosecutor’s Agency in Allende
there was no criminal complaint for the rape of Mrs. Rosendo Cantú.84 That same day the
agent of the Public Prosecutor’s Office of Allende received the communication dated
March 7, 2002 of the Inspector General to start the preliminary investigation, to which
he stated “that [Mrs.] Rosendo Cantú […] was the victim of acts of torture and rape on
77
Cf. Medical note provided by physician of the General Hospital of Ayutla on February 26, 2002, (case
file of annexes to the answer to the application, tome I, appendix 1, folio 7624); Evidence provided by a social
worker of the General Hospital of Ayutla on February 27, 2002, (case file of annexes to the answer to the
application, tome I, appendix 1, folio 7625); note of the Director of the General Hospital of Ayutla, submitted
to the Inspector General of the CODDEHUM on March 12, 2002, (case file of annexes to the answer to the
application, tome I, appendix 1, folio 7623); sworn statement of the doctor of the area of general medicine,
who attended to Mrs. Rosend Cantú on February 26, 2002 at the General Hospital of Ayutla, rendered on
March 7, 2002 before the Military Public Prosecutor’s Office adjoined to the 35th Military zone (case file of
annexes to the brief of pleadings and motions, tome II, annex 42, folio 5692).
78
Cf. Results of the general urine exam provided by the laboratory of clinical analysis of the General
Hospital of Ayutla on February 27, 2002 (case file of annexes to the answer to the application, tome I,
appendix 1, folio 7626).
79
Cf. Brief of complaint filed by Mrs. Rosendo Cantú and Mr. Bernardino Sierra before the NHRC, supra
note 64, folios 7556 to 7561.
80
Cf. Communication of acceptance issued by the Director General of the National Human Rights
Commission on March 7, 2002 (case file of annexes to the answer to the application, tome I, annex 1, folio
7581).
81
Cf. Communication addressed to the Constitutional Governor of Guerrero, supra note 71, folio 345.
82
Cf. Act of receipt of complaint by President of the Mexican League for the Defense of Human Rights of
March 7, 2002 (case file of annexes to the answer to the application, tome I, annex 1, folio 7583).
83
84
Cf. Press Release No. 026 issued by the Secretariat of National Defense, supra note 54.
Cf. Procedures carried out by the Inspector General of CODDEHUM on March 8, 2002 (case file of
annexes to the application, tome I, annex 1, folios 7587 to 7591).