a note to the prosecution service.318 That note was received at 5:33 p.m. the same day.319 At
7 p.m., the “complete calcified placenta” was extracted from Manuela, a curettage was
performed, and her “perineal tear” was sutured.320 The Court notes that the State has not
presented arguments to justify this delay. To the contrary, the Court emphasizes that during
this time, the treating physician gave priority to filing a complaint before the prosecution
service concerning a presumed abortion.321
196. Second, the Court recalls that, since 2007, Manuela had visible lumps in her neck. 322
Nevertheless, the general examination performed on the presumed victim at 6:40 p.m. on
February 27 indicates that she had a symmetrical neck.323 In fact, during the seven days that
Manuela remained hospitalized, the medical record reveals that the treating personnel never
examined or recorded the lumps in Manuela’s neck. On this point, expert witness Guillermo
Ortiz indicated that, once the emergency had been attended to, a complete physical
examination should have been performed. In this regard, he indicated that by “conducting a
more thorough, more meticulous examination, the tumor in her neck would have been
diagnosed,” and this could have changed the course of the treatment provided to Manuela. 324
197. Third, the Court notes that, according to Manuela’s father, his daughter was handcuffed
in the San Francisco Gotera Hospital.325 This assertion concurs with the practice of handcuffing
women suspected of abortion, and the Court has considered this proved by the contextual
facts of the case (supra para. 46). In cases such as this one, where there is no direct proof
of the actions of the state agents, the Court has stressed that it is legitimate to use
circumstantial evidence, indications and presumptions as grounds for a judgment, provided
that conclusions consistent with the facts can be inferred from them. 326 The Court considers
that the statement of Manuela’s father, assessed in light of the context in which the facts of
the case occurred, makes it possible to presume that Manuela was handcuffed to the hospital
bed, at least on February 28, 2008.
198. Handcuffs or other similar devices are frequently used as instruments of physical
coercion for people who are detained and deprived of liberty. This Court has indicated that
any use of force that is not strictly necessary due to the behavior of the person detained
constitutes an attack on human dignity, in violation of Article 5 of the American Convention.327
The Court recalls that numerous decisions of international bodies cite the United Nations
Standard Minimum Rules for the Treatment of Prisoners (hereinafter “Rules for the Treatment
318
Cf. Record of the interview of the treating physician (evidence file, folio 16).
319
Note addressed to the prosecution service dated February 27, 2008 (evidence file, folio 22).
Communication issued by the director of the San Francisco Gotera National Hospital of February 29, 2008
(evidence file, folio 58).
320
321
Note addressed to the prosecution service dated February 27, 2008 (evidence file, folio 22).
Cf. Medical appraisal in the case of Manuela. Review of clinical and hospital treatment in the Cacaopera Health
Unit and the San Francisco National Hospital” (evidence file, folios 186 and 187); Sworn statement of Manuela’s
mother on September 3, 2017 (evidence file, folio 2281), and Sworn statement of Manuela’s father on September 3,
2017 (evidence file, folio 2288).
322
Communication issued by the director of the San Francisco Gotera National Hospital of February 29, 2008
(evidence file, folio 58).
323
324
Cf. Expert opinion provided by Guillermo Antonio Ortiz Avendaño during the public hearing held in this case.
325
Sworn statement of Manuela’s father on September 3, 2017 (evidence file, folio 2288).
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, paras. 130 and 131, and Case of Valenzuela Ávila
v. Guatemala, supra, para. 163.
326
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 57, and
Case of Azul Rojas Marín et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of March 12,
2020. Series C No. 402, para. 158.
327
57