35
legal system.118 Its procedure, being one of an international tribunal, presents
particularities and characteristics which pertain only to it, to which all the procedural
elements of domestic courts do not automatically apply to it. International protection of
human rights should not be confused with criminal justice.119 For the effects and
purposes of the Judgment before this Court, the elements of proof that arise from the
body of evidence are sufficient to derive the aforementioned conclusions. The standards
or requirements of proof are not those of a criminal court, given that it is not the Court’s
role to determine the individual responsibilities nor to assess, under that criteria, the
same evidence.
106. Based on the aforementioned, the Court finds it proven that Mrs. Rosendo Cantú
was a victim of acts that constitute rape, committed by two soldiers in the presence of
six others at a stream near her home where she went to wash clothes (supra para. 73).
D.
Juridical classification of the facts related to the rape
107. Since the Court has found it proven that Mrs. Rosendo Cantú was the victim of
acts of gender-based violence committed by agents of the State, it must decide how this
should be classified from a juridical point of view.
108. The Court recalls, as indicated by the Convention of Belém do Pará, that violence
against women constitutes not only a violation of human rights, but is “an offense
against human dignity and a manifestation of the historically unequal power relations
between women and men,” that “pervades every sector of society, regardless of class,
race, or ethnic group, income, culture, level of education, age or religion, and strikes at
its very foundation.”120
109. The Court, following international jurisprudence and taking into account the
provisions of said Convention, has considered previously that sexual violence is
committed by means of acts of a sexual nature, committed on a person under
circumstances against their will, and that in addition to involving physical invasion of the
human body, they may include acts which do not involve penetration or even any
physical contact.121 In particular, rape constitutes a paradigmatic form of violence
against women, and its consequences go far beyond affecting the victim.
110. The Court will examine whether the facts of the present case are subsumed under
the crime of torture, as affirmed by the Inter-American Commission and the
representatives. As such, the Court recalls that, in Bueno Alves v. Argentina,122 pursuant
to the definition established in the Inter-American Convention to Prevent and Punish
Torture, it understood that it is confronted with an act of torture when the mistreatment
fulfills the following requirements: i) intentional; ii) causes severe physical or mental
suffering, and iii) is committed with any objective or purpose.
118
Cf. Case of Velásquez Rodríguez. Merits, supra note 33, para. 135; Case of Escher et al., supra note
115, para. 128.
119
Cf. Case of Velásquez Rodríguez. Merits, supra note 33, para. 135; Case of Escher et al., supra note
115, para. 134.
120
Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against
Women. Preamble.
121
Cf. Case of Miguel Castro-Castro Prison v. Perú. Merits, Reparations and Costs. Judgment November
25, 2006. Series C No. 160, para. 306. También ICTR, Case of Prosecutor v. Jean-Paul Akayesu. Judgment of
September 2, 1998. Case No. ICTR-96-4-T, para. 688.
122
Cf. Case of Bueno Alves v. Argentina. Merits, Reparations and Costs. Judgment of May 11, 2007.
Series C No. 164, para. 79.
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