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intentionality, the severity of the suffering and the purpose of the act must be analyzed, taking
into consideration the specific circumstances of each case. 290
194. To establish whether the abuse suffered by the eleven women in this case constituted acts
of torture, the Court must examine whether the acts were: (i) intentional (ii) caused severe
physical or mental suffering, and (iii) were committed with an objective or purpose.
195. In this case, it is plain that the police acted deliberately against the eleven women. Given
the sexual nature of the violence used, the repetition and similarity of the acts committed against
the different women, as well as the insults and the threats made against them, the Court finds it
evident that these acts were intentional.
196. Regarding the severity of the suffering, this Court has recognized that sexual violence
committed by state agents while the victims are in their custody is a serious and reprehensible
act, during which the agent abuses his power and takes advantage of the vulnerability of the
victim, and this may have severe psychological consequences for victims. 291 The Court also
stresses that, in this case, during their detention and transfer to the prison, the victims were
repeatedly threatened with murder or rape, and with even worse abuse than the acts that were
being inflicted on them. Furthermore, regarding the rapes, the Court has recognized that rape
constitutes an extremely traumatic experience that has severe consequences and causes great
physical and psychological harm which leaves the victim “physically and emotionally humiliated,”
a situation that it is difficult to overcome with the passage of time, contrary to what occurs with
other traumatic experiences.292 This reveals that the severe suffering of the victim is inherent in
rape, even when there is no evidence of physical injury or disease.293 Women victims of rape also
experience severe psychological, and even social, harm and aftereffects.294 As revealed by their
statements, the violence to which they were subjected by the state agents in the context of their
detentions on May 3 and 4, 2006, caused them severe suffering, the aftereffects of which persist
up until the present as has been corroborated by the psychological tests, and by the application of
the Istanbul Protocol (supra paras. 106 and ff.).
197. Lastly, with regard to the purpose, the Court notes that the victims’ statements, and the
investigations conducted by the CNDH and the SCJN, reveal that the purpose of the violence used
against the eleven women was to humiliate them and those the police assumed were their
companions; to frighten them, to intimidate them and to prevent them from taking part in
political life again or expressing their discontent in the public sphere because, according to the
Cf. Case of Rosendo Cantú et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of August
31, 2010. Series C No. 216, paras. 110 and 112, and Case of López Soto et al. v. Venezuela. Merits, reparations and
costs. Judgment of September 26, 2018. Series C No. 362, para. 184.
290
Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs. Judgment of November 25, 2006.
Series C No. 160, para. 311, and Case of Favela Nova Brasília v. Brazil. Preliminary objections, merits, reparations and
costs. Judgment of February 16, 2017. Series C No. 333, para. 255.
291
Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs. Judgment of November 25, 2006.
Series C No. 160, para. 311, and Case of López Soto et al. v. Venezuela. Merits, reparations and costs. Judgment of
September 26, 2018. Series C No. 362, para. 187. Similarly, ECHR, Case of Aydin v. Turkey, No 23178/94. Judgment of
September 25, 1997, para. 83.
292
Case of Espinoza Gonzáles v. Peru. Preliminary objections, merits, reparations and costs. Judgment of November 20,
2014. Series C No. 289, para. 193, and Case of López Soto et al. v. Venezuela. Merits, reparations and costs. Judgment of
September 26, 2018. Series C No. 362, para. 187.
293
Case of Espinoza Gonzáles v. Peru. Preliminary objections, merits, reparations and costs. Judgment of November 20,
2014. Series C No. 289, para. 193, and Case of López Soto et al. v. Venezuela. Merits, reparations and costs. Judgment
of September 26, 2018. Series C No. 362, para. 184.
294