56
the Court will proceed to determine their legal definition and, where appropriate, to determine
whether the State violated the rights recognized in the American Convention and the ICPPT.
149. In this regard, the Court finds it relevant to recall the standards it has used for assessing
the evidence in this type of case. Thus, regarding the statements made by presumed victims,
the Court has considered that they usually abstain from denouncing acts or torture or illtreatment out of fear, especially if they are detained in the place where these occurred, 237 and
that it is not reasonable to require the victims of torture to describe all the presumed illtreatment they have suffered each time they make a statement.
150. In cases of alleged sexual violence, the Court has indicated that, generally, sexual
assaults are characterized by occurring in the absence of anyone other than the victim and the
assailant or assailants. Given the nature of this type of violence, the existence of graphic or
documentary evidence cannot be expected and, consequently, the victim’s statement constitutes
fundamental proof of the fact. 238 Also, when examining such statements, it must be borne in
mind that sexual abuse corresponds to a type of offense that the victim does not usually
report, 239 owing to the stigma that frequently results from this type of complaint. The Court has
also taken into account that the statements made by victims of sexual violence relate to an
occasion that was very traumatic for them, and its impact may lead to a certain lack of precision
when remembering it.240 Therefore, the Court has noted that the lack of precision in statements
relating to sexual violence, or the mention of some of the alleged facts in only some of them,
does not mean that such statements are false or that the facts recounted are untrue. 241
151. In addition, the Court recalls that the evidence obtained by medical examinations plays a
crucial role in investigations involving detainees, and in cases in which they allege illtreatment. 242 Thus, allegations of ill-treatment in police custody are extremely difficult to
substantiate by the victim, if he or she was isolated from the external world, without access to
doctors, lawyers, family or friends who could provide support and gather the necessary
evidence. 243 Therefore, the judicial authorities have the duty to ensure the rights of detainees,
which entails obtaining and preserving any evidence that may substantiate the acts of torture,
including medical examinations. 244
152. It is also important to underline that, in cases in which supposed torture or ill-treatment
is alleged, the time that passes before the corresponding medical appraisals is significant for the
237
Cf. Case of Bayarri v. Argentina. Preliminary objection, merits, reparations and costs. Judgment of October
30, 2008. Series C No. 187, para. 92, and Case of J. v. Peru, supra, para. 337.
238
Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment
of August 30, 2010. Series C No. 215, para. 100, and Case of J. v. Peru, para. 323.
239
Cf. Case of Rosendo Cantú et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of
August 31, 2010. Series C No. 216, para. 95, and Case of J. v. Peru, supra, para. 323.
240
Cf. Case of J. v. Peru, supra, para. 325. Similarly, see Case of Fernández Ortega et al. v. Mexico, supra, para.
105, and Case of Rosendo Cantú et al. v. Mexico, supra, para. 91.
241
Cf. Case of Cabrera García and Montiel Flores v. Mexico, supra, para. 113, and Case of J. v. Peru, supra,
para. 325.
242
Cf. EHCR, Korobov v. Ukraine, No. 39598/03, Judgment of 21 July 2011, para. 69, Salmanoğlu and Polattaş
v. Turkey, No. 15828/03, Judgment of 7 March 2009, para. 79, and Case of J. v. Peru, supra, para. 333.
243
Cf. Case of J. v. Peru, supra, para. 333. Also, EHCR, Case of Aksoy v. Turkey, No. 21987/93, Judgment of 18
December 1996, para. 97, and Case of Eldar Imanov and Azhdar Imanov v. Russia, No. 6887/02, Judgment of 16
December 2010, para. 113.
244
Cf. Case of Bayarri v. Argentina, supra, para. 92, and Case of J. v. Peru, supra, para. 333. See also, Office of
the United Nations High Commissioner for Human Rights, Istanbul Protocol (Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment), New York and Geneva,
2001, para. 77, and Case of Eldar Imanov and Azhdar Imanov v. Russia, No. 6887/02, Judgment of 16 December
2010, para. 113.
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