181. In turn, those acts that have been "prepared and carried out deliberately against the
victim to eliminate his mental resistance and force him to accuse himself of or confess to
certain criminal conduct, or to subject him to other punishments, in addition to the deprivation
of freedom itself”. 137
182. The Court has indicated that the violation of a person’s right to physical and
psychological integrity has various categories of degree and that it ranges from torture to
other types of abuse or cruel, inhuman or degrading treatment, whose physical and
psychological consequences vary in intensity according to endogenous and exogenous factors
of the person (duration of treatment, age, sex, health, context, vulnerability, among others)
that must be analyzed in each specific situation. 138 In other words, the personal characteristics
of an alleged victim of torture or cruel, inhuman or degrading treatment must be taken into
account when determining whether personal integrity was violated, since such characteristics
can change the individual's perception of reality and , therefore, increase the suffering and
the sense of humiliation when they are subjected to certain treatment.139
183. With regard to cases of alleged sexual violence, the Court has indicated that sexual
assaults are characterized, in general, by occurring in the absence of other persons beyond
the victim and the aggressor or aggressors. Given the nature of these forms of violence, the
existence of graphic or documentary evidence cannot be expected and, therefore, the victim's
statement constitutes fundamental evidence of the fact.140
184. The Court also recalls that the evidence obtained through medical examinations plays
a crucial role during the investigations carried out against detainees and in cases where
mistreatment is alleged.141 In this sense, the allegations of mistreatment that occurred in
police custody are extremely difficult for the victim to substantiate if they were isolated from
the outside world, without access to doctors, lawyers, family or friends who can support and
gather the necessary evidence.142 Therefore, judicial authorities have the duty to guarantee
the rights of the detainee, which entails obtaining and securing any evidence that can prove
acts of torture, including medical examinations.143 Additionally, it is important to note that in
cases where there are allegations of alleged torture or abuse, the time elapsed for the
corresponding medical examinations is essential to reliably determine the existence of the
harm, especially when there are no witnesses beyond the perpetrators and the victims
themselves and, consequently, evidence may be scarce. Thus, it may be concluded that in
order for an investigation into acts of torture to be effective, it must be carried out promptly.144
Case of Maritza Urrutia v. Guatemala, para. 93, and Case of Bueno Alves v. Argentina. Merits, Reparations
and Costs. Judgment of May 11, 2007. Series C No. 164, para. 75.
138
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 57,
and Case of Women Victims of Sexual Torture in Atenco v. Mexico, supra, para. 177.
139
Cf. Case of Ximenes López v. Brazil. Judgment of July 4, 2006. Series C No. 149, para. 127, and Case of
Omeara Carrascal et al. v. Colombia, supra, para. 193.
140
Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary Objection, Merits, Reparations and Costs.
Judgment of August 30, 2010. Series C No. 215, para. 100, and Case of Women Victims of Sexual Torture in Atenco
v. Mexico, supra, para. 315.
141
Cf. Case J. v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 27, 2013.
Series C No. 275, para. 333, and Case of Women Victims of Sexual Torture in Atenco v. Mexico, supra, para. 315.
142
Cf. Case of J. v. Peru, supra, para. 333, and Case of Espinoza González. Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 20, 2014. Series C No. 289, para. 151.
143
Cf. Case of Bayarri v. Argentina. Preliminary Objection, Merits, Reparations and Costs. Judgment of October
30, 2008. Series C No. 187, para. 92, and Case of Favela Nova Brasilia v. Brazil. Preliminary Objections, Merits,
Reparations and Costs. Judgment of February 16, 2017. Series C No. 333, para. 253.
144
Cf. Case of Bueno Alves v. Argentina, supra, para. 111, and Case of Espinoza González v. Argentina, supra,
para. 152.
137
45