62
viii)
the investigations of the case were archived for three years and 10
months.251
180. Moreover, the Court notes with particular concern that the authorities in charge
of the investigation focused their efforts on repeatedly summoning Mrs. Rosendo Cantú
to make statements, and not on obtaining and safeguarding other evidence. The Court
emphasizes that, in cases of rape, insofar as possible, the investigation must try to
avoid re-victimization or the re-experiencing of the profoundly traumatic experience
each time the victim recalls or testifies about what happened.
181. Furthermore, the Court notes that, in the present case, several of the
government employees who intervened initially in the complaint made by Mrs. Rosendo
Cantú showed a complete absence of motivation, sensitivity, and capacity. Likewise, the
failure to use an action protocol by the medical officials and the officials of the Public
Prosecutor’s Office who initially attended Mrs. Rosendo Cantú were especially serious
and had negative consequences in regards to the attention merited to the victim and on
the legal investigation of the rape. Regarding this aspect, the Court stresses that stated
by the expert witness Arroyo Vargas, during the public hearing of the case, regarding
that in “cases of sexual violence, the minimum standards [of gathering evidence] must
be immediate action and speed.”252
182. Based on the abovementioned considerations and on the State’s partial
acknowledgement of responsibility, the Inter-American Court concludes that the State
authorities did not act with due diligence in the investigation of the rape of Mrs. Rosendo
Cantú, which, additionally, exceeded a reasonable time. Consequently, the State
violated the rights to judicial guarantees and to judicial protection established in Articles
8(1) and 25(1) of the American Convention, in relation to Article 1(1) thereof, and did
not comply with the obligations established in Article 7(b) of the Inter-American
Convention for the Prevention, Punishment, and Eradication of Violence against Women,
to the detriment of Mrs. Rosendo Cantú.
*
*
*
183. In relation to that alleged by the representatives and Commission regarding
discrimination in the access to justice on behalf of Mrs. Rosendo Cantú, the Court notes
that the representatives considered violated the rights to equal protection and nondiscrimination in the access to justice of Mrs. Rosendo Cantú, recognized in Articles 8
and 25, 24, and 1(1) of the American Convention, whereas the Commission only raised
arguments regarding the non-compliance with the latter rule and its corresponding
substantive norms. In this regard, the Court recalls that the general obligation of Article
1(1) refers to the State’s responsibility to respect and guarantee “without
discrimination” the rights contained in the American Convention, while Article 24
protects the right to “equal protection of the law.”253 In other words, if it is argued that a
251
The investigations of the case in the Military Justice System were archived between March 12, 2004
and January 10, 2008. Cf. Agreement of Consideration of the Fourteenth Investigative Agent of the Military
Public Prosecutors, adjoined to the Office of Preliminary Investigations of the Attorney General of Military
Justice, of February 26, 2004 (case file of annexes to the answer to the application, tome V, folios 9788 to
9803 and tome X, folios 11916 to 11922). See also, brief of observations of the State in the processing of the
case before the Inter-American Commisison on Human Rights, supra note, folios 4390 to 4406, and Record of
the Agent of the Public Prosecutor of the Common Jurisdiction, adjoined to the General Office of Control of
Investigatory Services, of January 10, 2008 (case file of annexes to the answer to the application, tome XV,
folio 13786).
252
253
Cf. Statement of expert witness Arroyo Vargas rendered during the public hearing on May 27, 2010.
Cf. Proposed Amendments of the Naturalization Provisions of the Constitution of Costa Rica. Advisory
Opinion OC-4/84 of January 19, 1984. Series A No. 4, paras. 53 and 54. Also cf. Case of Apitz Barbera et al.,
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