59. The principal investigator also interviewed Manuela.123 In addition, that same day, at 9 a.m., a forensic physician examined the presumed victim’s genital area, and recorded the following: Umbilical cord […] with a clean cut, not ruptured. Based on the foregoing, the patient gave birth outside a hospital, if not full-term at least very nearly, and with signs of [preeclampsia] (hypertensive disease of pregnancy).124 60. On the same date, the Magistrate’s Court of Cacaopera authorized the entry and search of the house where Manuela and her family lived.125 At 11:30 a.m. the house was inspected. The record of this procedure indicates that the body of a newborn was found inside a septic tank;126 this was examined by the forensic physician who indicated that it was: A full-term newborn, without any sign that the cord was ruptured and without any apparent genetic defect, […] a male child, covered with excreta and myasis (worms) and with the time of death approximately twenty-four hours previously; cause of death to be determined by a forensic autopsy; the body was therefore transferred to the forensic institute in the city of San Miguel.127 61. At 5 p.m., the Institute of Forensic Medicine performed an autopsy on the corpse and recorded that the newborn had been dead for approximately 30 to 32 hours.128 62. The case file also includes a statement by Manuela’s father, in which he indicated that he “felt ashamed because [his daughter’s] husband is […] in the United States, but […] his daughter told him that she got pregnant from another man” and that “he was sorry for his daughter, but this would never have made her get rid of the child.”129 This statement bears a fingerprint because the presumed victim’s father does not know how to read or write. 63. Subsequently, Manuela’s father indicated that the police “put pressure on him and made him sign a piece of paper” and “threatened him until placed his fingerprint.”130 The case file does not contain any report or inquiry into the authenticity of the father’s statement. Record of interview of February 29, 2008 (evidence file, folios 51 and 52). See also, Sworn statement of Manuela’s father of September 3, 2017 (evidence file, folio 2288). 123 124 Report of forensic autopsy by the Institute of Forensic Medicine on February 28, 2008 (evidence file, folio 37). Cf. Request for entry and search warrant of February 28, 2008 (evidence file, folio 27), and Decision of the Magistrate’s Court of Cacaopera of February 28, 2008 (evidence file, folio 29). 125 The representatives argued that there is insufficient evidence to conclude that the fetus was alive. It is not incumbent on the Court to determine that possibility. To make this judgment easier to read, the Court will use the term newborn, without this implying any determination on whether or not the fetus was alive when born. 126 127 Record of inspection of February 28, 2008 (evidence file, folio 33). In addition, the autopsy indicates that: “[r]emoval of the umbilical cord at its base can be observed, and excreta was extracted from the nose and mouth. The corpse was at a stage of accelerated putrefaction owing to the fecal material, the heat of the tank, and the humidity. Internally, it was found that excreta obstructed the upper airway, the optic dosimasia revealed total expansion of both lungs in the thoracic cavity; the hydrostatic docimasia was positive for air, which shows that the infant was born alive and breathed. The cause of its death was mechanical asphyxia due to obstruction of the upper airway with excreta, and severe umbilical hemorrhage.” Autopsy of February 28, 2008 (evidence file, folio 39). 128 129 Record of statement by Manuela’s father of February 28, 2008 (evidence file, folios 44 and 45). Sworn statement by Manuela’s father on February 26, 2021 (evidence file, folio 3797). See also, Interview of Manuela’s mother by the representatives on February 26, 2021 (evidence file, folder of audiovisual material, minute 6:05 to 6:22), and expert appraisal of the psychological impact on the members of Manuela’s family of July 17, 2012 (evidence file, folio 1559). 130 23