61
the National Human Rights Commission, affirmed that the Commander of the 35th
Military Zone learned of the facts as of February 28, 2002,245 and said military
authorities send radiograms on the 1st and 2nd of March246 of the same year which
made reference to the facts of the case. The formal investigation of the Military
Public Prosecutor’s Office began until March 5, 2002;
iii)
a female official of the Civil Public Prosecutor’s Office did not want to
receive Mrs. Rosendo Cantú’s complaint; this situation required the intervention of
another government employee to ensure that they complied with their legal
obligations;247
iv)
Mrs. Rosendo Cantu, who did not speak Spanish fluently at the time of the
incident, was not provided with the assistance of an interpreter, but had to be
assisted by her husband, and in the Court’s opinion this was inappropriate to:
respect her cultural diversity; ensure the quality of the contents of the statement,
and duly protect the confidentiality of the complaint.248 The Court deems that it is
particularly inappropriate that Mrs. Rosendo Cantu had to turn to her husband to
narrate the facts of the rape;
v)
it was not guaranteed that the complaint for rape could be made
respecting the minimum requisites of consideration and privacy due to a victim of
this type of offense, but to the contrary, it was made in a place where members of
the general public were present, and there was even the possibility that the victim
could have been overheard by people she knew;249
vi)
in addition, there is no record that the authorities in charge of the
investigation collected or adopted arrangements to collect the pieces of evidence
with regard to other elements, such as the clothes that Mrs. Rosendo Cantú was
wearing on the day of the incident;
vii)
Mrs. Rosendo Cantú was not provided with appropriate medical and
psychological treatment during the investigations in the case,250 and
245
Cf. Order DH-8189/0445 of the Attorney General for Military Justice addressed to the Fourth General
Inspectorate of the National Human Rights Commission, of April 6, 2002 (case file of annexes to the answer to
the application, tome I, folios 7697 to 7701), and Order No. 11606/9656 of Legal Aid of Section of the Agent of
the Military Public Prosecutors adjoined to 35th the Military Zone, addressed to the Secretary of the Secretariat
of National Defense, of March 28, 2002 (case file of annexes to the answer to the application, tome I, folios
7702 to 7707).
246
Cf. Radiogram 2441 of the Commander of the 35th Military Zone of March 1, 2002 (case file of
annexes to the answer to the application, tome II, folios 8100 to 8103), radiogram 2/5179 of the Command of
the IX Military Region of March 2, 2002 (case file of annexes to the answer to the application, tome I, folios
8112 to 8116).
247
Cf. Statement by Mr. Lugo Cortés during the public hearing, supra note 88. See also, statement of
Mrs. Rosendo Cantú during the public hearing supra note 64, and statement of Mrs. Eugenio Manuel rendered
before a public notary (case file on the merits, tome III, folio 1278).
248
Cf. Statement by Mr. Lugo Cortés during the public hearing, supra note 88. See also, statement of
Mrs. Rosendo Cantú during the public hearing supra note 64, and statement of Mrs. Eugenio Manuel rendered
before a public notary, supra note 247, folio 1278.
249
Cf. Statement of Mr. Lugo Cortés during the public hearing, supra note 88. Ver también statement of
Mrs. Rosendo Cantú during the public hearing supra note 96, and statement of Mrs. Eugenio Manuel rendered
before a public notary, supra note 247, folio 1278.
250
Cf. Psychiatric medical report of Mrs. Rosendo Cantú, supra note 102, folios 7673, 7688, 7689 to
7691, 7694 and 7696; Psychological impression number 27 issued by psychologist Eduwiges Sánchez
Hernández, of the Special Prosecutor’s Office for the Commission of Violent Crimes Against Women and Human
Trafficking (FEVIMTRA), of September 19, 2008, signed by the psychologict Ana María Olguín García (case file
of annexes to the answer to the application, tome V, folios 9460 to 9462); Psychology report, received on
record on April 21, 2010, within the preliminary investigation SC/180/2009/II-E (case file of annexes received
during the public hearing, tome II, folios 17922 to 17929).
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