manner throughout the justice process, taking into account their personal situation, needs, age, gender,
disability and level of maturity and fully respecting their physical, mental and moral integrity.”155
90.
Finally, the United Nations Guidelines on Justice in Matters involving Child Victims and
Witnesses of Crime also sets out a series of principles that States must uphold. 156 Those guidelines stipulate
that all information related to the participation of a child in a judicial proceeding, including cases in which the
child is a victim of sexual abuse, should be protected.157 That can be achieved through maintaining
confidentiality and restricting disclosure of information that may lead to identification of a child who is a
victim or witness in a justice process.158 In relation to the testimony of children, the Guidelines indicate that
the “testimony should not be presumed invalid or untrustworthy by reason of the child’s age alone as long as
his or her age and maturity allow the giving of intelligible and credible testimony, with or without
communication aids and other assistance”.159
91.
In addition, the State should take measures to protect child victims and witnesses from
hardship during the detection, investigation, and prosecution process in order to ensure that their best
interests and dignity are respected. 160 Such measures include the following: i) ensuring that child victims are
questioned in a child-sensitive manner; ii) limiting the number of interviews; and iii) using child-sensitive
procedures, including interview rooms designed for children, interdisciplinary services, modified courtroom
environments, recesses during a child’s testimony, hearings scheduled at appropriate times of day, and other
measures to facilitate the child’s testimony.161
1.3.
Legal analysis of what happened to V.R.P
92.
Preliminarily, the Commission notes that the duty to guarantee to properly investigate an
alleged rape by a nonstate actor is borned from the criminal complaint. Consequently, in order to activate
such obligation it is not necessary to prove in an internationally procedure the existence of the rape.
93.
The Commission would like to emphasize that international protection of human rights
should not be confused with criminal justice. 162 In this sense, the evidentiary standards or requirements are
not those of a criminal court, given that the Commission does not have the competence to determine
individual criminal responsibility, nor to evaluate, under such criteria, said evidence. In the same sense, the
European Court maintained that it was not concerned with reaching any findings as to guilt or innocence
under domestic law.163
94.
With respect to the evaluation of evidence, the Inter-American Court has stated that rape is a
specific form of violence which, in general, occurs in the absence of persons other than the victim and the
155 UN, Committee on the Rights of the Child, General Comment No. 13, The right of the child to freedom from all forms of
violence, April 18, 2011, para. 54.
156 UN, Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, E/2005/INF/2/Add.1. Available at:
http://www.un.org/es/events/childrenday/pdf/E2005_20.pdf.
157
UN, Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, Guideline 27.
UN, Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, Guideline 27.
UN, Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, Guideline 18. In addition, international
criminal courts have established the possibitlity of children to render his/her testimony. See: Statute of the International Criminal
Tribunal for the former Yugoslavia. Article 90 (B); and Statute of the International Criminal Tribunal for Rwanda. Article 90 (C).
158
159
160
UN, Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, Guideline 29.
161
UN, Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, Guideline 29.
162 Inter-American Court. Case of Rosendo Cantú and other v. Mexico. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of August 31, 2010. Series C No. 216, par. 105; and Case of Escher et al. v. Brazil. Preliminary Objections, Merits, Reparations,
and Costs. Judgment of July 6, 2009. Series C No. 200, par. 134.
163
ECHR, E. et al. v. United Kingdom. Judgment of November 26, 2002, par. 91.