59.
Along the same lines, regarding the relationship between violence against women and discrimination,
the United Nations Committee on the Elimination of Discrimination against Women (CEDAW Committee) has
stated that the definition of discrimination against women “includes gender-based violence, that is, violence
that it directed against a woman because she is a woman or that affects women disproportionately.” It has also
stated that “[g]ender-based violence is a form of discrimination that seriously inhibits women's ability to enjoy
rights and freedoms on a basis of equality with men.”142
60.
Furthermore, in the light of what is stated in the Inter-American Convention on the Prevention,
Punishment, and Eradication of Violence against Women (Convention of Belém do Pará), 143 the Court has found
that “violence against women not only constitutes a violation of human rights, but is ‘an offense against human
dignity and a manifestation of the historically unequal power relations between women and men.’” 144
61.
In particular, women who are detained or arrested, “must be supervised and checked by female
officer[s] and pregnant and nursing women must be offered special conditions during their detention.” 145 In
keeping with international caselaw and the provisions of the Convention of Belém do Pará, the Court has
indicated that sexual violence also consists of “actions with a sexual nature committed with a person without
their consent, which besides including the physical invasion of the human body, may include acts that do not
imply penetration or even any physical contact whatsoever.” 146 In light of the foregoing, subjecting women to
forced nudity while under the constant observation of armed men constitutes, not only treatment that violates
their dignity as person, but also sexual violence.147
62.
As was indicated in the findings of fact, it is sufficiently demonstrated that during the raids on the
properties at which there were 22 people, 148 heavily armed agents of the State employed a high degree of
physical and psychological violence, violating the right to humane treatment of everyone there, including
children. Indeed, multiple men and women were heavily beaten, had their hands restrained behind them, and
were subdued face-down on the ground, where they received further physical blows. The IACHR finds in this
case that, beyond a general reference to the alleged danger posed by the detainees, the State has neither argued
nor demonstrated that the force used at the time of the raid was reasonable or necessary. In addition, although
there is insufficient proof that the children were victims of physical violence or that they were handcuffed or
abducted, it has been demonstrated that they were on the premises, and it may be surmised, therefore, that
they experienced fear and anguish at seeing their parents, relatives, and the adults around them suffer such
mistreatment, given their particular vulnerability. Accordingly, the IACHR considers that the children present
suffered, at the least, adverse effects to their psychological integrity, in violation of the special protection that
they were due given their age.
63.
It is also proven that 16 people were taken to PTJ facilities, 149 where they were interrogated with great
violence and aggression and without effective legal assistance, and that they were detained in small,
overcrowded cells, without beds or access to bathroom facilities, food, medicine, or medical attention, where
they were also unable to be visited by relatives or lawyers and and where they continued to be attacked and
I/A Court H.R., Espinoza Gonzáles Judgment, par. 221.
Ratified by Bolivia on December 5, 1994.
144 I/A Court H.R., Espinoza Gonzáles Judgment, par. 190.
145 I/A Court H.R., Miguel Castro Castro Prison Judgment, par. 303.
146 I/A Court H.R., Miguel Castro Castro Prison Judgment, par. 306.
147 I/A Court H.R., Miguel Castro Castro Prison Judgment, par. 306; Espinoza Gonzáles Judgment, par. 191.
148 Blas Valencia Campos, Norma Lupe Alarcón de Valencia, Edwin Rodríguez Alarcón, Claudia Valencia Alarcón, Gabriel Valencia Alarcón,
Alexis Valencia Alarcón (11 years old), Claudio Valencia (3 years old), Elacio Peña Córdoba, Víctor Manuel Boggiano Bruzon (Juan Ramírez
Ortega), Genaro Ahuacho Luna (Walter Herrera Flores), Alfredo Bazán la Rosas (José Miguel Abildo Díaz), Mercedes Valencia Chuquimia,
Mauricio Valenzuela Valencia (15 years old), Oswaldo Lulleman Antezana, Raúl Oswaldo Lulleman Gutiérrez, Victoria Gutiérrez de
Lulleman, Paola Lulleman de Zaconeta, Luis F. Lulleman Gutiérrez, Julia Mamanu Mamani, Francis Elida Primentela Merino, Carlos Eladio
Cruz Añez, and Carlos Enrique Castro Ramírez.
149 Blas Valencia Campos, Norma Lupe Alarcón de Valencia, Claudia Valencia Alarcón, Elacio Peña Córdoba, Víctor Manuel Boggiano Bruzon
(Juan Ramírez Ortega), Genaro Ahuacho Luna (Walter Herrera Flores), Alfredo Bazán la Rosas (José Miguel Abildo Díaz), Mercedes Valencia
Chuquimia, Oswaldo Lulleman Antezana, Raúl Oswaldo Lulleman Gutiérrez, Victoria Gutiérrez de Lulleman, Francis Elida Primentela
Merino, Carlos Eladio Cruz Añez, Carlos Enrique Castro Ramírez, Freddy Cáceres Castro, and Patricia Catalina Gallardo Arduz.
142
143
17