28. In regard to the investigation of the threats and harassment experienced by the
beneficiaries, the State noted that in the framework of the preliminary investigation
GRO/SC/125/2009, a site-visit was carried out at the place where the events occurred
that was turned over to the Ministerial Police of the State for the investigation of what
occurred, nevertheless, “[i]n order to continue with the investigations], it is necessary
that the injured parties […] ratify and expand their statements,” not appearing when
summoned. In response to the representatives, Mexico noted that it is not its intention
to apply, to her detriment, any measures, enshrined in domestic legislation, to
pressure her to appear; on the contrary, “it is willing to offer the necessary legal
guarantees to adapt the proceedings to any special needs” and preserve her security
when she decides to go before the authorities. Notwithstanding the foregoing, it
reiterated that as this regards crimes challenged on a complaint, the participation of
the victims is essential to continue with the integration of the investigations.
Subsequently, it reported that the Attorney General of Guerrero “stated that the all
steps to continue the preliminary investigation have been exhausted [...] without the
appearance of the beneficiaries, to which it reiterates its willingness that the ministerial
authorities be moved to where the [beneficiaries] are to seek the expansion of their
statements.” Consequently, Mexico “will await, within the limits permitted by law, the
necessary time for the [beneficiaries] to provide the information they already have
about the events that gave rise to the provisional measures.” Finally, it required the
psychologist who has carried out the psychological studies on Mrs. Rosendo Cantu to
go before the Attorney General of the Republic to ratify her expert report made, in
order for “the corresponding legal effects to follow-suit.” Regarding the investigation of
events surrounding the rape of Mrs. Rosendo Cantú, the State indicated that it is the
subject of the Judgment delivered by the Court in this case, and therefore "it will be
processed as part of the monitoring of compliance of [it].”
29. The representatives reported that the identification of those responsible cannot
depend solely on a sketch or of the direct recognition of the victim, but rather that the
investigation can move forward based on the extensive investigations carried out by
the ministerial police. Nevertheless, “the State has not shown that it has developed a
line of investigation to establish the truth of what happened. By contrast, it only lists
two procedures taken and seems to depend on the progress of the investigation only
on the initiative of the victim.” They indicated that the beneficiary is in a situation of
PTSD and the psychologist that is treating her recommends "that she avoid
revictimizing events or meetings, [including] to appear before authorities in the
procurement and administration of justice.” That is why, even though Mrs. Rosendo
Cantu is "entirely willing to appear before the authorities and to help clarify the facts,”
such appearance should “not to be required” if her security and psycho-emotional
integrity do not allow for it. They noted that “the Mexican constitutional framework
establishes that the security and support of the victims is a right, and as such possible
coercitive measures that can be applied to the detriment of the [beneficiary] are
incomprehensible.” Subsequently, they reported that “the work of accompaniment
carried out for [Mrs. Rosendo Cantú] have confirmed that both beneficiaries do not
have any information to contribute to the investigation. Therefore, it is unnecessary
that they go before the prosecuting authority.” On the other hand, they stated that
“the forwarding of the investigation to the civil justice system regarding the rape by
members of the Army against [Mrs.] Rosendo Cantú is essential to add to her
security.”
30. The Commission noted that there is not enough information regarding the
possible link between the case of Mrs. Rosendo Cantu before the Court, the threats
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