118. Brisa's mother corroborated the facts cited above in her witness statement before the
Court.221 The aforementioned prosecutor, in her testimony presented to this Court, asserted: “I never
conducted an interview alone with […] Brisa Liliana De Angulo, but rather her parents, as
complainants and plaintiffs, were the ones who approached the prosecutor's office to follow up on
the case and request or coordinate investigative actions or to present their briefs. I never made any
contact."222 However, taking into account the statement of the alleged victim, corroborated by her
mother and the circumstances of the case, the Court considers what Brisa reported as sufficiently
proven regarding the circumstances of the initial contact she had with Prosecutor N.T.A., without the
presence of her mother or father or her legal representative. As observed, in light of the previously
established standards (supra paras. 104 to 106), instead of being empathetic, sensitive, and duly
trained to interview a girl victim of sexual violence, Prosecutor N.T.A. interacted with Brisa without
any gender or childhood perspective, in a disrespectful manner, repeating gender stereotypes,
intimidating her, threatening her with criminal prosecution, asking her to repeat her story, in an
apparent effort to detect contradictions and, thus, ended up re-victimizing her.
119. Furthermore, it is noted that, contrary to what was stated by the prosecutor in her
statement,223 all officials involved in the investigation and criminal proceedings initiated as a result
of sexual violence perpetrated against a girl must be properly trained to interact with the victim,
which also means having a broad understanding of the consequences of the trauma resulting from
rape, especially so as not to create re-victimizing situations in the context of judicial proceedings.
iii) Other state acts and omissions
120. Additionally, the Court identifies other acts and omissions that demonstrate the State's lack
of due diligence. In effect, Brisa was not offered the necessary psychological and/or psychiatric
support at the beginning of the judicial process until her recovery, only to be accompanied during
some of the procedural acts by a psychologist whom she did not know.224 In this regard, this Court
has highlighted that comprehensive care for a girl victim is not only limited to the actions of the
judicial authorities during the progress of the criminal proceedings in order to protect her rights and
ensure her participation is non-revictimizing, but that this care must be comprehensive and
multidisciplinary before, during and after investigations and criminal proceedings. Additionally, the
Court has considered that there must be a coordinated and integrated approach that provides various
care and support services to the girl to safeguard her current well-being and subsequent
development.225 Furthermore, the prosecutor in charge did not propose the alleged victim as a
witness, ignoring the importance of the testimony of victims of sexual violence in crimes of that
nature. Thus, the private prosecution had to propose it. The victim's statement was not recorded to
avoid its repetition in the future and the participation of the accused's lawyer was not allowed in the
aforementioned statement, which subsequently caused the first trial to be annulled due to the
violation of his right to a defense. The Court also notes that on March 24, 2003, when taking the
statement of the alleged victim and her family who indicated that they had suffered harassment and
Ms. Stella Losada declared before the Court that “[t]he prosecutor requested that she wanted an interview with Brisa,
[...] and at that appointment, when Brisa entered, the prosecutor did not allow me to enter, and I had to stay outside, Brisa
came out upset, that wasn't my girl, something happened in there, and I wanted to ask her. Brisa didn't answer me, so I asked
her, please, let's go have a cup of coffee, a juice somewhere, calm down, you're with me, and she agreed, and when she was
calmer, I asked her, please, Brisa, start telling me everything you remember.” Cf. Statement of Luz Stella Losada during the
public hearing, supra.
221
222
Cf. Statement of N.T.A, supra (evidence file, folio 11634).
In her testimony, when responding to a question that had been asked by the Inter-American Commission about
whether she was certified in trauma-informed management in cases of child sexual violence, Prosecutor N.T.A. stated that
they considered that “this answer would have to be answered by the psychologist who interviewed Brisa Liliana de Angulo,
since my work is not directed at the management of traumas, but rather at the exercise of the functions established in [Article
45] of the Organic Law of the Public Prosecutor’s Office.” Cf. Declaration of N.T. A., supra (evidence file, folio 11635).
223
224
Cf. Letter from Brisa De Angulo Losada, supra (evidence file, folios 7251 to 7252).
225
Case of V.R.P., V.P.C. et al. v. Nicaragua, supra, para. 194.
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