student practitioners.71
D.
Investigation and Criminal Proceedings
48. On August 1, 2002, Brisa's father filed a complaint against E.G.A. before the Technical Judicial
Police (hereinafter “TJP”), for the crime of rape to the detriment of his daughter.72 That same day,
the girl testified before the Office on Child and Adolescent Protection and Adoptions of the
Departmental Social Management Service (hereinafter “SEDEGES” according to its initials in
Spanish).73
49. During the public hearing before the Court, Brisa indicated that she had reported the acts of
sexual violence at different times to Prosecutor N.T.A.,74 which had also already been mentioned in
the brief of pleadings and motions, and in the Merits Report. It is known that, at least during a first
informal interview, her mother was not allowed to enter with her, so she remained in the waiting
room.75 On that occasion, according to the alleged victim, the Prosecutor had repeatedly interrupted
her with expressions such as: “you didn’t tell anyone after he raped you the first time, correct? Are
you sure you didn't want to? Because it would be very strange not to tell someone that he raped
you," "[i]f you keep saying this you're going to destroy your family and his," and "[i]f you're lying,
I'm going to make sure you go to prison. What you are doing is very dangerous."76 According to
Brisa's mother, at the end of the interview, Brisa came out upset and told her what had happened.77
Cf. Statement of María Leonor Oviedo Bellot, supra (evidence file, folios 11453 and 11459). Ms. Oviedo Bellot also
pointed out "[i]m aware that in a case in which I accompanied a girl who was the victim of sexual violence, [after Brisa's
medical examination] the student-practitioners were in the office with the forensic examiner. Upon seeing this, she verbally
complained, explaining the right that the victims had to privacy and confidentiality” (evidence file, folio 11453).
71
72
Cf. Information and Complaints Form signed by José Miguel De Angulo and the investigator assigned to the case on
August 1, 2002 (evidence file, folios 9512 to 9513).
73
Cf. Information statement of Brisa de Angulo Losada, supra (evidence file, folios 7266 to 7267).
Cf. Statement of Brisa De Angulo Losada during the public hearing, supra. In the same sense, see the letter from
Brisa De Angulo Losada, supra (evidence file, folio 7247).
74
75
Cf. Statement of Luz Stella Losada during the public hearing, supra.
76
Cf. Letter from Brisa De Angulo Losada, supra (evidence file, folio 7247).
During the public hearing of this case, Luz Stella Losada indicated that after the interview she wrote down in a diary
the phrases that the Prosecutor uttered, according to what Brisa told her, right after the interview. What was said at the
hearing is set out below:
77
Be aware of what you are getting into, whatever it was it was going to be your fault, if you lose they will pay
for damages, and there is a lawsuit for slander and defamation, if you win between 20 to 25 years without
the right to reduction, and it will also be your fault, there is still time for a negotiation, it depends on you and
no one else, your aunt and uncle came, did you ever see [E.G.A.] as a man? Did you have sexual relations
before [E.G.A.]? Did you have relationships after [E.G.A.]? Did you ever enjoy it? Don't lie to me, you're
talking 'woman to woman'. The phrases continue: 'What did you tell Sandra, at the trial, what? Say it now!
Tell the truth' the Prosecutor said, 'I don't know I don't know', Brisa asks, what do you not know? You are not
sure? 'No, I'm not sure because of what I spoke yesterday with witnesses, people who know you, and your
relatives' like what? 'That your father forbids you to wear makeup, to wear a miniskirt, but when he is not
there, many people have seen you well made up and dressed up until late at night' and she takes a photo out
and says: 'who is it?' Brisa says: 'it's me', and 'why are you dressed up?' Brisa answers, 'because I didn't
want anyone to recognize me' and she yells 'liar'. 'It's going to be used and don't tell anyone, what we're
talking about here no one has to know' 'you're not going to tell your parents because you know what they are
like' 'they're going to hurt you, they're going to put you down and you are going to see how they are going to
crush you because there is a law that defends minors and you are already grown up, don't lie to me, don't lie
to me, don't lie to me.' Those were the phrases that Brisa repeated. Cf. Statement of Luz Stella Losada during
the public hearing, supra.
Furthermore, Brisa's father pointed out: “[t]here are many events that have happened in the treatment that our daughter,
my wife and I received from the government prosecutors, and they were highly intimidating so that we would desist from the
legal action. For example, our initial contact with the first prosecutor was deeply traumatic and revictimizing because of the
way she treated our daughter (always doubting her character as a victim).” Cf. Statement of José Miguel De Angulo, supra
(evidence file, folio 11435).
17