- 126 -
360. The Court observes that, in September 2015, the State established the Mechanism to
Monitor Cases of Sexual Torture against Women. Mexico reported that the mandate of this
monitoring mechanism “includes the issue of a joint report with recommendations on the cases
reviewed, so that the competent authorities act applying the highest international standards for
women’s human rights, or receive technical assistance to investigate sexual torture,” in order to
review or respond to cases of women who file complaints of sexual torture in Mexico. Although it
acknowledges the actions taken as a result of the Mechanism, the Court finds it pertinent to order
the State, within two years, to draw up a plan, with its respective timetable, to strengthen the
Mechanism to Monitor Cases of Sexual Torture against Women, which includes the allocation of
the resources required to allow it to fulfill its mandate throughout national territory, and
establishes deadlines for the presentation of annual reports.460 In particular, the State must
include among the Mechanism’s functions the tasks of making a diagnosis of the phenomenon of
the sexual torture of women in the country and periodically drawing up proposals for public
policies.
E. Other measures requested
361. The Commission and the representatives asked the Court to order Mexico: (i) to adapt
its legal framework to combat torture. In addition, the representatives asked that the State be
ordered: (ii) to create a national forensic institution to guarantee the effective and independent
documentation of torture, including the sexual torture of women; 461 (iii) to establish a center of
documentation and support for women survivors of sexual torture, to be administered and
managed by two of the victims in this case,462 and (iv) to establish a place to remember and learn
about the violations committed in San Salvador de Atenco.463
362. The State argued that: (i) it had adopted amendments to the law concerning the prohibition
of torture at both state and federal level, such as promulgation of the General Law to Prevent,
Investigate and Punish Crimes of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; (ii) it had taken a series of measures to “obtain justice” in cases of torture, in
particular the promulgation of the PGR Standardized Protocol for the investigation of torture, 464
Cf. Case of Véliz Franco et al. v. Guatemala. Preliminary objections, merits, reparations and costs. Judgment of May
19, 2014. Series C No. 277, para. 268.
460
The representatives explained that “the routine checkups made by forensic physicians are usually inadequate to treat
victims of torture, as in this case, because the doctors belong to the very same institution that is accusing the torture
victims of committing criminal acts and, consequently, they have a conflict of interests and may receive orders from their
superior not to record the traces of torture.” The failure to perform adequate and impartial medical examinations and tests
is the main factor hindering the documentation of cases of torture; this is why they requested the Court to order the
creation of a national forensic institution responsible for performing the medical and psychological examinations following
requests by the corresponding judicial authorities.
461
The representatives asked the Court to order the State to establish a center of documentation and support for
women survivors of sexual torture. The center would be a non-governmental organization administered by two of the
victims in this case, Bárbara Italia Méndez Moreno and Norma Aidé Osorio Jiménez, so that the victims may become
agents of their own recovery and reparation. The measure would “have a reparative effect for the women victims in this
case, and a positive impact on the life of other women who can seek legal counsel, psychological care, and other
resources through the center, as well as being part of a project that allows, for the first time in Mexico, the
systematization and collective development of different types of tools to deal with sexual torture in a space that inspires
trust and provides active listening, where peer relationships and the common experience are reflected on.”
462
The representatives had also asked that the State acknowledge the innocence of María Patricia Romero Hernández.
As described in the facts (supra para. 115) and confirmed by the representatives in their final written arguments, in
August 2017, the Judiciary of the state of Mexico declared her innocence, annulling her conviction.
463
According to the State, the purpose of this protocol is “to establish action policies and procedures adapted to human
rights standards for the investigation of torture to be used by the agents of the Public Prosecution Service, experts, and
464
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos