12
in the context of the alleged rape of Mrs. Fernández Ortega and other
indigenous women in the area of Ayutla.
8.
Rodolfo Stavenhagen, anthropologist and sociologist, former United
Nations Special Rapporteur on the Human Rights and Fundamental
Freedoms of Indigenous Peoples, expert witness proposed by the InterAmerican Commission. He provided an expert opinion on: i) the situation of
the indigenous population in the state of Guerrero; ii) the conduct of the
Mexican Armed Forces towards the indigenous population, and iii) the effects
on the Mexican indigenous peoples of the alleged limitations to their access
to justice, and the alleged impunity for human rights violations.
9.
Jan Perlin, lawyer, former Director of the Diagnostic Project on
Access to Justice for Indigenous Peoples in Mexico of the Office of the High
Commissioner for Human Rights of the United Nations, expert witness
proposed by the Inter-American Commission. She provided an expert report
on: i) the situation of access to justice of the indigenous peoples in Mexico,
and ii) the improvements that should be adopted on the matter.
10.
Paloma Bonfil Sánchez, ethno-historian, researcher and consultant
on gender and indigenous women, expert witness proposed by the InterAmerican Commission. She provided an opinion on the alleged
discrimination against indigenous women in Mexico.
11.
Federico Andreu Guzmán, lawyer, General Counsel for the
International Commission of Jurists, expert witness proposed by the InterAmerican Commission. He provided an opinion on the use of the military
justice system to investigate and prosecute offenses that are not servicerelated and, in particular, violations of human rights.
12.
Miguel Carbonell Sánchez, lawyer, expert in Mexican constitutional
law, researcher and coordinator of the Academic Extension Unit and Editorial
Projects of the Institute of Legal Research of the Universidad Autónoma de
México (UNAM), expert witness proposed by the representatives. He
provided an opinion on: i) the use of the military jurisdiction in Mexico with
regard to violations of human rights and the measures that the State should
adopt to avoid the recurrence of this alleged practice, and ii) the measures
needed to ensure that the victims of human rights violations have access to
an effective remedy to obtain legal protection when the military criminal
justice system exercises jurisdiction in their case.
29.
With regard to the evidence given during the public hearing, the Court heard
the expert testimony of the following persons:
13.
Marcela Huaita,26 lawyer, expert in gender, human rights, and public
policy, proposed by the Inter-American Commission. She provided an
opinion on: i) the challenges faced by women to obtain access to justice in
cases involving rape; ii) the collection of evidence in rape cases, and iii)
reparations in rape cases.
14.
Clemencia Correa González, psychologist, expert in the treatment of
political violence, with emphasis on gender; professor of the graduate
program in human rights of the Universidad Autónoma de la Ciudad de
26
On March 26, 2010, the Inter-American Commission requested the substitution of expert
witness Fries Montelón. The President admitted the proposed substitution. Cf. Case of Fernández Ortega
et al. v. Mexico. Order of the President of the Inter-American Court of Human Rights of April 8, 2010,
Operative Paragraph 1.