57. On February 29, 2008, Ms. Rojas Marín underwent a forensic medical examination and
a psychological assessment.61 The medical examination determined that the presumed victim
had: (i) recent extragenital traumatic injuries caused by someone else with a blunt instrument,
and (ii) older anal fissures “with signs of a recent unnatural sexual act.”62 While, the
psychological assessment concluded that: (i) the presumed victim required psychotherapeutic support, and (ii) suggested that the presumed aggressors should undergo forensic
psychological evaluation.63
58. On March 6, 2008, Ms. Rojas Marín made another statement at the Casa Grande Police
Station.64 On that occasion, she clarified that the complaint filed was for “rape and other
violations,” and again described what had happened. 65
59. On March 24, 2008, the prosecutor decided to open a preliminary investigation against
the police agents of the Casa Grande Police Station for the offense “against sexual liberty by
rape,” against Azul Rojas Marín.66
60. On March 31, 2008, the police authorities of the Casa Grande Police Station issued a
report indicating that the different complaints made by the presumed victim contained
contradictions because she had told the media that, at the Police State, “they took her mobile
telephone and wallet, without mentioning a sum of money,” while in the complaint, she
described the type of mobile telephone and that the wallet contained 150 soles. In addition,
on one occasion, she had stressed that “a police agent tried to forcibly introduce a rubber
baton in the anus,”67 and in another statement she indicated that one of the police agents
“forcibly introduced the rubber baton.” 68 The report indicated that, from the foregoing, “it is
presumed that the complainant […] injured [her]self in order to cause anal injuries, merely to
harm the police agent who arrested [her] and the police agents who took [her] to task for
behaving disrespectfully inside [the] police station where [s]he remained […] [for four]
hours.”69 They also mentioned that it should be taken into account that one of the agents
presumably involved “was in charge of police investigations relating to [Ms. Rojas Marín’s
brothers] who were implicated in [a] murder.”70
61. On April 2, 2008, the prosecutor ordered the opening of the preliminary investigation for
“the offense against sexual liberty by aggravated rape” and abuse of authority against the
three police officers indicated by the presumed victim, considering that there were “indications
Cf. Forensic medical certificate of February 29, 2008 (evidence file, folio 2193), and protocol of psychological
expertise conducted by the Ascope Forensic Medicine Division of the Institute of Forensic Medicine of the Public
Prosecution Service on February 29, 2008 and March 4, 2008 (evidence file, folio 2).
61
62
Cf. Forensic medical certificate of February 29, 2008 (evidence file, folio 2193).
Cf. Protocol of the psychological expertise conducted by the Ascope Forensic Medicine Division of the Institute
of Forensic Medicine of the Public Prosecution Service on February 29, 2008 and March 4, 2008 (evidence file, folio
2).
63
Cf. Statement made by Azul Rojas Marín before the investigating officer on March 6, 2008 (evidence file, folios
69 to 75).
64
65
69).
Cf. Statement made by Azul Rojas Marín before the investigating officer on March 6, 2008 (evidence file, folio
Cf. Order for a preliminary investigation issued by the Second Provincial Corporate Criminal Prosecution Service
of Ascope on March 24, 2008 (evidence file, folio 81).
66
67
Cf. Police report of the Casa Grande Police Station of March 31, 2008 (evidence file, folio 15).
68
Cf. Police report of the Casa Grande Police Station of March 31, 2008 (evidence file, folio 15).
69
Cf. Police report of the Casa Grande Police Station of March 31, 2008 (evidence file, folio 16).
70
Cf. Police report of the Casa Grande Police Station of March 31, 2008 (evidence file, folio 16).
17