34
representatives pointed out that “[w]hile she was in the custody of the soldier Molina and his
family, she was victim of numerous types of physical and mental ill-treatment.” On this
point, the State declared that it specifically acknowledges this aspect of the application, with
regard to the declarations of Gregoria Herminia Contreras concerning her disappearance and
subsequent situation.”
96.
In her testimony during the public hearing, Gregoria Herminia Contreras described
the treatment and abuse she received during the time she was with the Molina family.
Among other things, she indicated that she was the victim of sexual abuse. When she had
concluded her testimony, the State asked to speak and declared that “it wishe[d] to advise
Gregoria Herminia that the State has acknowledged her story, the testimony of her
suffering, as the truth of what occurred in the instant case”; in other words, that it accepted
the facts.
97.
The Commission indicated that, since the State of El Salvador had reiterated its
acknowledgement of international responsibility during the public hearing and, specifically
acknowledged as true the facts narrated by Gregoria Herminia Contreras at the hearing, the
Inter-American Court must rule on the legal consequences of these facts. The
representatives stated that the rape of which Gregoria Herminia Contreras was a victim
when she was 10 years of age should be categorized as torture. For its part, the Commission
added that the acts of sexual abuse suffered at different moment of her life, as well as the
rape, constituted torture and were contrary to Articles 5(1) and 5(2) of the American
Convention,128 and should also be considered as having affected her privacy, giving rise to a
violation of Article 11 of the Convention. The State did not submit specific legal arguments in
this regard.
98.
Gregoria Herminia stated that “just the fact of having [the surname] Molina is painful
[for her] because [Mr.] Molina harmed [her] a great deal.”129 Thus, she indicated: “although
I was only four years old […] the soldier who took me, he abused me, I mean, they always
made me wear a skirt and he was always touching me, so I was always very afraid of him
and always lived with that fear; then time passed and I grew up and had to go around
selling things to be able to eat because, if I didn’t, they would tell me that if I didn’t work, I
couldn’t eat; so they had me selling vegetables and stuff and I walked the streets and
sometimes spent the entire day hungry, but when I got home, if I arrived and still had the
merchandise they hit me, […] so I lived with that fear, constantly afraid of what could
happen to me, what they were going to do; I would always try to get away, to go out, to not
be there […]. The time came, I kept growing and he always hit me if I didn’t go, but I didn’t
go because I was afraid, because I told myself, he’s going to keep touching me, because I
told him, I’m going to tell my mother - because I called his mother my mother - then he
said to me, if you tell her, I’m going to kill you, because I still have guns, and he always
threatened me with that, […] and I always lived like that, I never had peace, I mean, they
never saw me as a daughter, they always saw me as a guerrilla, I was always humiliated,
128
The pertinent parts of Article 5 of the Conventions stipulate:
1. Every person has the right to have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All
persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person.
129
Testimony given by Gregoria Herminia Contreras before the Inter-American Court during the public hearing
held on May 17, 2011.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos