retaining [her] in her office until late […] so that the injuries and the traces of rape would not
be noticeable.”93
69. Ms. Rojas Marín also stated that, during the “statement and identification” procedure,
the prosecutor “coerced [her] to minimize the severity of the criminal acts committed by the
accused and […] on several occasions cast doubts on [her] complaint, saying: “I don’t believe
anything; you’re probably lying because you are Tuco’s brother.” 94 Regarding the deputy
prosecutor, Ms. Rojas Marín stated that “the prosecutor’s words [made her] feel humiliated
[and] attacked because he very openly cast doubt on [her] words, as if it were not a serious
offense.”95 Also, “when reclaiming the clothing [she] was wearing on February 25, [the
prosecutor] insinuated that, perhaps the clothes were stained with animal’s blood and,
therefore, it was necessary to examine them.”96 In addition, on February 29, while the forensic
physician was examining her, the prosecutor entered the room, violently grabbed her hair and
said “perhaps your little friends did this to you while you were playing” and, also, insisted to
the physician that, although injuries were present, they were not the result of rape. 97 Lastly,
Ms. Rojas Marín alleged that the Ascope Prosecution Service had been “violating [her] rights,
offending [her], and humiliating [her] by psychological abuse, [and she was harassed by the
police agents who] offered [her] money […] to abandon the case there and then because,
otherwise, they would kill [her].”98
70. On April 7, 2008, a preliminary investigation was opened against the provincial
prosecutor and the deputy provincial prosecutor of the Second Provincial Corporate Criminal
Prosecution Service of Ascope by the Superior Prosecutor, Head of the Decentralized Office of
Internal Control of La Libertad and Santa.99 Both the provincial prosecutor and the deputy
prosecutor submitted their exculpatory reports in relation to the complaint filed by Ms. Rojas
Marín100.
71. The Decentralized Office of Internal Control of La Libertad and Santa found that the
complaint filed for the presumed perpetration of the offense of abuse of authority should be
declared substantiated.101 However, on November 19, 2010, that is, after the petition had
been lodged in this case, the Prosecutor General ruled that there were no grounds to decide
Cf. Complaint filed by Azul Rojas Marín before the Superior Prosecutor, Head of the Decentralized Office of
Internal Control of La Libertad on March 28, 2008 (evidence file, folio 2251).
93
Cf. Complaint filed by Azul Rojas Marín before the Superior Prosecutor, Head of the Decentralized Office of
Internal Control of La Libertad on March 28, 2008 (evidence file, folio 2251).
94
Cf. Complaint filed by Azul Rojas Marín before the Superior Prosecutor, Head of the Decentralized Office of
Internal Control of La Libertad on March 28, 2008 (evidence file, folio 2252).
95
Cf. Complaint filed by Azul Rojas Marín before the Superior Prosecutor, Head of the Decentralized Office of
Internal Control of La Libertad on March 28, 2008 (evidence file, folio 2252).
96
Cf. Complaint filed by Azul Rojas Marín before the Superior Prosecutor, Head of the Decentralized Office of
Internal Control of La Libertad on March 28, 2008 (evidence file, folio 2252).
97
Cf. Complaint filed by Azul Rojas Marín before the Superior Prosecutor, Head of the Decentralized Office of
Internal Control of La Libertad on March 28, 2008 (evidence file, folio 2254).
98
Cf. Decision of the Superior Prosecutor, Head of the Decentralized Office of Internal Control of La Libertad and
del Santa of April 7, 2008 (evidence file, folios 174 and 175).
99
Cf. Official note of May 6, 2008, signed by the Deputy Provincial Prosecutor of the Second Provincial Corporate
Criminal Prosecution Service of Ascope addressed to the Superior Prosecutor, Head of the Decentralized Office of
Internal Control of La Libertad and Santa (evidence file, folio 176); Report signed by the Provincial Prosecutor, Head
of the Second Provincial Corporate Criminal Prosecution Service of Ascope addressed to the Superior Prosecutor, Head
of the Decentralized Office of Internal Control of La Libertad and Santa (evidence file, folios 178 to 182), and Report
signed by the Superior Prosecutor, Head of the Decentralized Office of Internal Control of La Libertad of July 24, 2009
(evidence file, folios 2800 and 2801).
100
Cf. Report signed by the Superior Prosecutor, Head of the Decentralized Office of Internal Control of La Libertad
of July 24, 2009 (evidence file, folio 2806).
101
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