cases, the bearer may be asymptomatic and the receiver (in this case
the minor child) may be the party who develops the diseases,” 13 the
judicial authorities did not take measures to establish precisely how the
child had contracted said illness. She adds that they did not make a
peniscopic examination of the accused, which was indicated in order to
demonstrate his alleged contraction of the Human Papilloma Virus, with
a view to establishing his guilt, despite the various requests submitted
to the Judge.
17.
The petitioner also states that despite having submitted
testimony and diagnoses from the doctors who twice operated on the
child V.R.P. to treat the Human Papilloma Virus vaginally and to
reconstruct her anus, the Judge ordered other examinations which,
because of the way in which they were conducted, caused serious injury
to the child. In that connection, the petitioner attached a psychological
report issued by the Institute of Forensic Medicine of the Supreme Court
of Justice, sent to the Judge on November 27, 2001, which indicates
“evident signs of emotional distress, trying to cry, apprehension, and
fear at the medical examination.”14
18.
In that connection, the petitioner alleges that the child was
examined three times, on November 21, 24, 27, 2001. Regarding the
first examination, when the child refused to be examined, the petitioner
states that the Jinotega Department forensic physician told her “if you
will not let me examine you vaginally, I wonder what you will do when I
have to examine your anus.15 The second examination was conducted in
the presence of more than 11 people, and although the child did not
want them to touch her, the Assistant Prosecutor did not suspend the
examination. She alleges that the third examination was conducted in
the Institute of Forensic Medicine of the Supreme Court of Justice, and
that the child V.R.P. was not sedated, contrary to the psychiatrist’s
recommendation. She also states that at the time, no judicial authority
or Departmental Prosecutor’s Office existed to protect the rights of the
child as part of the proceedings.
19.
The petitioner alleges that on November 22, 2001, she sent a
letter to the Comprehensive Health Care Systems (SILAIS) of Jinotega
Department, complaining of the way in which the examinations had
13 From a document annexed by the petitioner from the Institute of Forensic Medicine,
Supreme Court of Justice, Forensic Report, Sex Crime, Conclusion 2.
14 From a document annexed by the petitioner, Psychological Report No. 16275/01, of
November 27, 2001, Institute of Forensic Medicine, Supreme Court of Justice.
15 Communication from the petitioner received by the IACHR Executive Secretariat on
March 16, 2005.
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