66
criminal complaint, of the alleged rape of Mrs. Rosendo Cantu,” and that neither
the Commission nor the representatives have effectively proven said facts.
Likewise, the State affirmed that “the two instances where the Mexican
authorities had knowledge, for first the first time, of the alleged rape” were with
the criminal complaint filed before the Public Prosecutor of the city of Ayutla de
los libres on March 8, 2002, and via a newspaper article that referenced the
rape, to which the ex-officio investigation was initiated by the Military Public
Prosecutor on March 5, 2002. In regards to the reference to the facts of the case
that deal with the medical personnel of the state of Guerrero, the State indicated
that the case files regarding the medical care received by Mrs. Rosendo Cantú on
February 18 and 26, 2002, respectively, in the clinic of the Caxitepec community
and in the General Hospital of Ayutla de los Libres, do not reference the
information provided by the victim regarding whether a rape occurred. For this
reason, the medical professionals did not treat her case as such and did not fail
to comply with the obligation recognized in the domestic norm to “inform the
authorities responsible […] of the allegedly criminal act, with a special emphasis
in the events that may involve gender-based violence.”
188. First, the Court notes that some of these affirmations, such as those concerning
the action of the authorities within the legal framework in force and the scrupulous
respect for the procedural guarantees of Mrs. Rosendo Cantú, have already been dealt
with, substantially, in this section of the Judgment. The Court recalls that, irrespective of
its conformity with domestic law, the intervention of the Military Criminal Public
Prosecutor’s Office does not comply with the guarantees arising from the American
Convention (supra paras. 159 to 161). Furthermore, regarding respect for procedural
guarantees, the Court assesses positively some of the efforts made by the State,
including the provision of an interpreter on some of the occasions in which Mrs. Rosendo
Cantú was summoned to testify or participate in procedures. Nevertheless, as the Court
has indicated, the actions taken by the State have not been sufficient and, in some
cases, not even opportune, to investigate the rape with due diligence, and Mexico has
even partially acknowledged these errors. Based on the foregoing, the Court does not
find any reason to make additional findings in this regard.
189. In addition, this Court positively assesses the establishment of an
interdisciplinary group with a gender perspective composed of female personnel from the
Office of the Attorney General of the Republic adjoined to different institutions, in order
to monitor the measures undertaken, support the victim, and insofar as possible, lessen
her re-victimization. The Court also appreciates that some progress was made while this
group was functioning, for example, the artist’s sketch with the aid of Mrs. Rosendo
Cantú, a measure that could lead to the identification of the possible authors of the rape.
The Court reiterates that it is fundamental to provide support to a victim of rape from
the onset of the investigation in order to ensure her safety and an appropriate
framework for referring to the act suffered and to facilitate her participation, as simply
and as carefully as possible, in the investigation procedures. The Court observes that,
even though said group with a gender perspective played a positive role, it began its
work as a consequence of a commitment acquired by the State in the hearing or this
case before the Inter-American Commission on October 2007; in other words, almost
five years after the facts had been reported.258
190. Regarding the failure of Mrs. Rosendo Cantú to attend the summons to testify,
this Court understands that, when investigating criminal acts, even when the burden of
the investigation should not rest on the victim, the victim’s participation may be
necessary. In this regard, the Court appreciates the State’s effort to summon Mrs.
Rosendo Cantú to testify on various occasions and, thus, advance the investigation.
Nevertheless, the Court recalls its previous observations with regard to repeatedly
summoning a victim of sexual offenses to testify, (supra paras. 178 and 180) and also
258
Cf. Answer to the application (case file on the merits, tome I, folio 471).
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