even an anal penetration with a greased baton, which constitutes in this case a form of rape.156
In this regard, the Court has affirmed that the severe suffering of the victim157 is inherent in
rape and that rape can constitute torture even when it consists of a single act or occurs outside
state facilities.158
195. This Court considers that the serious and severe suffering undergone by Mr. Valenzuela
due to the acts committed by state agents in order to obtain his statement on his alleged
participation in the commission of a crime have been proven, fulfilling the three elements that
this Court has listed. Therefore, the Court concludes that Mr. Valenzuela Ávila was subjected
to acts of torture after his arrest, when he was already in the custody of the State, in violation
of Article 5(2) of the American Convention.
196. Furthermore, this Court notes that the Commission also alleged the violation of Article
11 of the American Convention. In this regard, this Court has indicated that although this
article is entitled "Right to Privacy", its content includes, among others, the protection of
private life, which includes, among other protected areas, sexual life 159 and the right to
establish and develop relationships with other human beings, 160 for this reason, sexual
violence such as rape can suppose an interference in the most personal and intimate aspects
of a person's private life.161 Based on the foregoing, the Court in this case considers that the
rape perpetrated on Mr. Valenzuela entailed an intrusion on his privacy.
197. Consequently, regarding the elements considered in this analysis, the Court finds that
after his arrest on May 27, 1998, Mr. Valenzuela was subjected to acts of physical torture and
sexual violence, in accordance with the three constituent elements cited, as established by
this Court in its case law.
198. Secondly, this Court will refer to the alleged torture suffered by Mr. Valenzuela on June
17 and 18, 2001. In this regard, this Court notes that Mr. Valenzuela filed a writ of habeas
corpus on July 11, 2001, in which he requested a medical evaluation, as well as the cessation
of abuse (supra para. 88). In said appeal he argued that:
[On] June seventeen of the year two thousand and one at night I was subjected to torture and
harassment in which I was required to give information regarding the death of the Prosecutor
[SJR] for which I was tried and I am sentenced to the death penalty in these acts I was the object
of death threats, my body is injured and I still have scars and impediments in my upper limbs,
and in my sexual organs, as a result of said abuse to which I was subjected, by people who
identified themselves as members of the Criminal Investigation Service of the National Civil Police.
199. In addition, this Court notes that Mr. PRA, who was detained in the Preventive Detention
Center for Men, stated that “when they opened the prison of hell (sic), they left and when they
recaptured [them] , [they] were transferred to preventive custody, while Tirso Román
In this regard, this Court recalls that “sexual rape […] must also be understood as act of vaginal or anal
penetration, without the victim’s consent, through the use of other parts of the aggressor’s body or objects, as well
as oral penetration with the virile member.” Case of the Miguel Castro-Castro Prison v. Peru. Merits, Reparations
and Costs. Judgment of November 25, 2006. Series C No. 160, para. 310.
157
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 124, and Case of Women Victims of Sexual
Torture in Atenco v. Mexico, supra, para. 192.
158
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 128, and Case of Rosendo Cantú and Others v.
Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of August 31, 2010. Series C No. 216,
para. 118.
159
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 129, and Case of Women Victims of Sexual
Torture in Atenco v. Mexico, supra, para. 179.
160
Cf. Case of Fernández Ortega et al. v. Mexico, supra, para. 129, and Case of Women Victims of Sexual
Torture in Atenco v. Mexico, supra, para. 179.
161
Cf. Case of J. v. Peru, supra, para. 367, and Case of Women Victims of Sexual Torture in Atenco v. Mexico,
196. supra, para. 179.
156
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