33
4 of the National Human Rights Commission of December 11, 2002.108 Said psychiatric
report states, among other information, that Mrs. Rosendo Cantu suffered “acute posttraumatic stress” and an “episode of greater mild depression” as a “consequence of
traumatic life experiences,” and indicated that she was “exposed to a traumatic
experience even though there is a lack of physical evidence that said experience
constitutes rape.”109 Moreover, she concluded that “she was exposed to a traumatic
event where her physical integrity was threatened,” which she “[r]elives in a continuous
manner [given that] she relives the sensation that they are raping her.”110
100. In addition, the Court has the testimony of Mrs. Estela Bernardino Sierra and Mr.
Fidel Bernardino Sierra, who though they were not direct witnesses of the facts, they
were present for the moments soon after the facts took place. Of the statement of the
first witness, it is revealed that when she first saw the alleged victim after the event, she
was crying, half naked, and with blood on her face, and that she indicated that she had
been raped and that those responsible were soldiers, information to which Mr. Fidel
Bernardino Sierra also makes reference in a similar manner.111
101. Apart from the abovementioned, the Court has information of specific medical
examinations performed on Mrs. Rosendo Cantú following the rape. On March 6, 2002,
the Military Public Prosecutor’s Office carried out a “statement of injuries,” in which it
determined that Mrs. Rosendo Cantu, “had a scratch, approximately two centimeters
from the right eye, on the cheekbone, approximately one centimeter in size, being the
only injury visible at plain view.”112 The statement of injuries carried out on the alleged
victim by the Human Rights Commission of the state of Guerrero on March 8, 2002,
determined that she had “at the height of the bottom of her eyelid, a bruised area,
irregularly shaped, of a purplish color, [approximately] one centimeter in size; in regards
to the blow to which the complainant states she received in her belly, there are no
physical wounds, yet nevertheless she states that she feels pain when she walks.”113 As
such, the medical gynecological certificate carried out on Mrs. Rosendo Cantú on March
19, 2002, that is, more than one month after the facts occurred, indicated that, among
other data, she “had wounds corresponding to physical violence[,] non-recent scars of
5mm in diameter under her right lower eyelid[, at] the tender touch she has medium
108
Cf. Order of Conclusions of the National Human Rights Commision, case file No. 2002/597-4, of
December 11, 2002, addressed to Mrs. Rosendo Cantú (case file of annexes to the answer to the application,
tome I, annex 1, folios 7792 and 7793).
109
Cf. Psychiatric report of March 11, 2002, supra note 107, folios 7694 and 7695.
110
Cf. Psychiatric report of March 11, 2002, supra note 107, folio 7694.
111
Cf. Mrs. Bernardino Sierra stated: “I don’t recall the exact time but […] it was after two when [Mrs.
Rosendo Cantú] arrived at the house […] crying, and […] with her hair all messed up, […] she was also naked
from the waist down [without] underwear on or a skirt, [..] and she was also punched because she had blood
under her eye [and she] was barefoot[. S]he told me that they had raped her but she did not tell me how
many did it […] but that there were eight solders, and that they also had another person whose hands were
tied,” sworn statement of Mrs. Estela Bernardino Sierra before the Public Prosecutor of the Common
Jurisdiction, supra note 72, folio 358. On his behalf, Mr. Bernardino Sierra stated: “I went to my house […]
where I found my wife crying, and upon asking the reason […] she told me that she had been raped by two
[soldiers] when she was washing clothes at the bank or stream that is about 200 meters from my house,
telling me in detail how the facts unfolded,” sworn statement of Mr. Bernardino Sierra before the CODDEHUM
on March 8, 2002 (case file of annexes to the brief of pleadings and motions, tome II, annexes 40 and 57, folio
5687 and 5743). Also cf. sworn statement by Mr. Bernardino Sierra before an agent of Public Prosecutor of the
Common Jurisdiction, supra note 72, folio 5739.
112
Certificate of injuries issued by the Agent of the Military Public Prosecutor’s Office adjoined to the 35th
Military Zone, on March 6, 2002 (case file of annexes to the answer to the application, tome II, annex 1, folio
7830).
113
Certificate of injury for Mrs. Rosendo Cantú, procedure signed by the Inspector General of the
CODDEHUM on March 8, 2002, case file No. CODDEHUM-VG/065/2002-II (case file of annexes to the answer to
the application, tome I, annex 1, folio 7598).
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