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impartial criminal investigation into any alleged act of torture. The Court considers that,
in the present case, the State did not fail to comply with Articles 1, 6, and 8 of the
aforementioned Convention when investigating the facts to the detriment of Mrs.
Rosendo Cantu, that given the peculiarities, constituted a crime of torture, classifying it
as a rape. In effect, the investigation of the alleged rape is in accordance with the facts
of the complaint in this specific case and with the general obligation that the acts of
torture be considered crimes in domestic law, as well as with the requirement of the
severity of punishment. In this sense, the Court notes that the rape is a crime codified in
the Criminal Code of the state of Guerrero256 and in the Federal Criminal Code of
Mexico,257 which establish penalties of eight to sixteen years’ imprisonment and eight to
fourteen years’ imprisonment, respectively. Based on the foregoing, it is not necessary
to carry out an additional ruling in this respect, nor on the inadequate codification of the
crime of torture in the state of Guerrero or other alleged violations based on the same
facts that were analyzed in a timely manner under the other conventional obligations.
D.
Request of the State regarding specific aspects of the investigations
187. Lastly, in response to the State’s request (supra para. 17), the Court will rule on
the following required aspects:
A. The actions of the authorities within the legal framework in force
The State argued that: i) “the domestic investigations of the complained facts
[…] have been carried out, at all times, by ministerial [investigative] authorities
previously created by law and that have acted within the legal framework in force
in Mexico”; ii) “the [M]ilitary [P]ublic [P]rosecutor is currently the only competent
authority under the legal system in force in Mexico, and will continue as such
until a legislative reform is approved in this regard”; iii) the opposition to the
jurisdictional authority which the alleged victim has expressed during the
domestic investigation should also be analyzed by the Court, and iv) “Mrs.
Rosendo Cantú’s failure to appear in court […] resulted in a vicious cycle to which
the jurisdiction of the [investigative authorities] were objected to, while the
necessary information was not given to the authorities to specify the type of
crime that was being investigated.” Accordingly, Mexico asked the Court to
decide “to what extent it was valid for the victims to oppose, based on the
argument of competence, the implementation of measures that were
fundamental for the investigation, and for which all necessary guarantees had
256
The Criminal Code of the state of Guerrero establishes:
Article 139: Whomever, by means of physical or moral violence copulates with a person of any gender, will be
punished by eight to sixteen years of prison and sixty to four hundred days fine.
Article 141: A punishment of eighteen to twenty-two years of prison and one hundred and twenty to five
hundred days fine will be imposed: […] III. When the copulative act is carried out by the perpetrator, in the
circumstances of his or her employment, when carrying out a public charge or when under carried out while
executing professional responsibilities. The agent will also be sentenced to dismissal of public charges or
employment and disqualification of eight years.
Article 142: Where a violation is committed by two or more persons, a ten to thirty years of imprisonment and
four to six hundred days fine shall be imposed.
257
The Federal Criminal Code of Mexico establishes:
Article 265: Whomever, by means of physical or moral violence copulates with a person of any gender, will be
punished by eight to fourteen years of prison.
Article 266 bis: The punishment foreseen for sexual abuse and rape shall increase, by half at a minimum and
maximum, when: […] III. The crime is committed by a person carrying out a public charge or employment or
in the course of employment, using the means or under the circumstances of the professional role. In addition
to the prison sentence, the convicted individual will be disqualified from his or her charge or employment or
suspended for a term of five years from the exercise of said profession.
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