67
finds it is evident that a victim of rape attributed to soldiers feels profound fear and
apprehension when summoned to appear by the Military Public Prosecutor’s Office,
irrespective of whether this authority will conduct the procedure directly or carry it out
using officials of the Civil Public Prosecutor’s Office.
191. The Court appreciates the different investigative measures mentioned by the
State. The efforts indicated must be continued by the ordinary [non-military] Public
Prosecutor’s Office so that the investigation is concluded as diligently and urgently as
possible, in order to determine the truth of the facts and investigate, and where
applicable, punish those responsible for the rape of Mrs. Rosendo Cantú.
192. Lastly, the Court found that it was proven that State officials of diverse
jurisdictions had knowledge of the facts of the case prior to the dates acknowledged by
the State, specifically on February 27 and 28, 2002 (supra para. 179). Likewise, in
regards to the medical care initiated on February 18 and 26, 2002, in particular,
regarding whether the doctors were informed of the rape, the Court has already ruled on
this matter in this Judgment (supra para. 130). Nevertheless, the Court observed that,
the doctor who saw her on February 18, 2002, though he did in fact give her the primary
attention she requested (supra para. 130), he received information regarding physical
assault to a girl, committed by soldiers, to which, pursuant to the domestic legal rules of
procedure, should have reported to the competent authorities.259
E.
Alleged threats and harassment to those persons connected to the case
193. The Commission alleged that the acts of harassment and threats supposedly
suffered by Mrs. Rosendo Cantú, her next of kin and her representatives “illustrate the
absence of justice and absence of adequate measures on behalf of the State.” The
Commission indicated that the victim and her daughter “had to leave the Barranca
Bejuco Community, to protect themselves and the [c]ommunity itself. Subsequent to
their departure, the victim and her daughter have […] had to move on various occasions
given the threats and acts of harassment.” The persistence of the threats, acts of
persecution, and harassment have made it necessary for the State to adopt measures to
eliminate the situation of risk and guarantee the security of the victim, her next of kin,
and her representatives.
194. The representatives argued that Mrs. Rosendo Cantu “on various occasions, has
felt that she is being followed and that they monitor her, particularly when she goes to
complain with human rights organizations, and because of the filing of the present
259
The Law for the Protection and Development of Children in the state of Guerrero, on January 15,
2002, Article 122 mandates that:
Article 122: “[e]very person who knows of and notices actions or omissions of mistreatment,
abandonment, neglect, abuse, and generally, of any assault suffered by a minor of age to their physical or
moral integrity, property or rights, is required to file a complaint with the Office of the Defense of the Child.”
Also, the Code of Criminal Procedure in the state of Guerrero states:
Article 55.- When a public servant is aware of the commission of a crime, in the exercise and due to
their functions, should complain immediately, if the crime is prosecutable ex oficio, or make his hierarchical
superior aware, if the crime is prosecutable by means of a complaint or an equivalent act, that depends on an
authority. If not done, the penalty for a concealment shall be applied.
Health Law 159 of the state of Guerrero, in its Article 140, states:
Article 140: Members of the public health system should give immediate care to children and the
elderly whom have been subjected to any form of abuse that endangers their physical and mental integrity.
Also, they shall provide care to those that have been passive subjects in the commission of crimes that
threaten the physical or mental or normal psychosomatic development in individuals.
In these cases, state health institutions will take immediate measures necessary to protect the health
of children and the elderly, subject to intervention by the competent authorities.
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