116. Furthermore, the Court was able to verify that Brisa was forced to recount on various occasions 216 the events related to the sexual violence of which she was a victim, contrary to one of the key elements of strict and enhanced due diligence which is the adoption of the necessary measures to avoid the repetition of interviews, since their recurrence forces the victims to reexperience traumatic events.217 One of these interviews was conducted, at the request of the Head of the Minors and Family Division of the Judicial Technical Police, before the SEDEGES of Cochabamba, on August 1, 2002. It is noted that, during the interview, the alleged victim was unable to choose a trusted person to accompany her, instead a representative of the National Organization for Minors, Women and Families,218 whom Brisa did not know, was present. Furthermore, the Court notes that one of the questions that was asked – “why didn't you say anything?”, referring to the fact that the girl had stated that sometimes “she didn't respond at all” to E.G.A.,219 could have put Brisa in a position of feeling guilty for the sexual violence that she suffered, since from the question it could be inferred that it was up to the alleged victim to resist and do so expressly. Taking the above into account, the Court considers that said interview was re-victimizing. Additionally, it is noted that the recording of the statement was not ordered to avoid its repetition in the future. 117. Additionally, the Court notes that Brisa indicated that her initial contact with Prosecutor N.T.A. occurred without the presence of her mother or father or her lawyers. In this regard, the State argued that Prosecutor N.T.A could not have been present during the statement made by the alleged victim before SEDEGES, since she had not yet received the case. However, the Court notes that, as can be seen from the representatives' arguments, the aforementioned interview with the Prosecutor did not occur at the same time as the statement made before SEDEGES and was not an act of the proceedings, but rather an informal event. Indeed, as Brisa reported in the public hearing before the Court: The Prosecutor […] took me alone to a very small room, and she looked at me, she was standing, I was sitting, and she told me, Tell me what happened to you? I was terrified, I was shaking, and somehow, I found the courage to tell her. And she told me, don't take anything out, don't omit any details, so I told them everything, from beginning to end, as soon as I finished, she looked at me and said: now start over and don't leave anything out, again, from beginning to end. And I did. I was crying, but I finished. And she told me: “ok, again”, and I told her again, I started talking, I panicked, I had a panic attack, I was crying, and she kept insisting, tell me again, tell me again, I finished , again she told me, and she did it again and again, and then she told me: “I ask you to tell me this so many times because I am going to find the lie that you are telling me, and I myself am going to make sure that you go to jail for defamation”, I was terrified, this woman in front of me is the one who can send people to jail and she is threatening to put me in jail, what happens if I make a mistake in what I am saying? What happens if I change something about my story? I was so scared and then she told me: “Even if everything you are telling me is true, how can you be so cruel? How can you be so insensitive to think about sending this man to jail or bringing that destruction to his family, and all that pain to his parents? If you stay silent you can save yourself all this.” 220 Brisa testified on, at least, the following dates: August 1, 2002, March 18, 2003; on March 21, 2003 (in the framework of the oral trial hearing, a confrontation was held between Brisa, her father, and a defense witness) and on September 17, 2005. Cf. Information statement of Brisa De Angulo Losada (evidence file, folios 10621 to 10626); Record of the oral trial hearing from March 17 to 25, 2003 (evidence file, folios 7629, 7630, 7643 and 7644), and Record of the oral trial hearing from September 15 to 20, 2005 (evidence file, folios 10411 to 10414). The witness Oviedo Bellot indicated that the alleged victim testified three times before authorities and five times before different professionals in order to obtain evidence. Cf. Statement of María Leonor Oviedo Bellot, supra (evidence file, folio 11454). 216 217 In this regard, the expert Mesa Peluffo stressed that “[t]he two trials she had to face revived her pain, since she was subjected to long interrogations in which she had to repeat her story many times, and each time she had to repeat it revived in her the terror and pain she experienced at the time of the events, which increases the symptoms of post-traumatic stress." Cf. Expert opinion of Sylvia Mesa Peluffo, supra. 218 Cf. Application form to ONAMFA dated August 1, 2002 (evidence file, folio 10621 to 10622). 219 Cf. Information statement of Brisa De Angulo Losada, supra (evidence file, folio 10625). 220 Cf. Statement by Brisa de Angulo Losada during the public hearing, supra. 39

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