24 TO PREVENT AND PUNISH TORTURE50, AND 7 OF THE CONVENTION OF BELEM DO PARA. 51 77. In order to analyze the alleged violations of the rights recognized in Articles 5 and 11 of the American Convention and alleged noncompliance with the obligations enshrined in other related Inter-American instruments, the Court will establish: a) the facts of the present case related to the alleged rape; b) the arguments of the parties in this respect, and will examine: c) if arising from the evidence at the disposition of the Tribunal, the Court can find the State is internationally responsible in this respect; d) the legal classification of alleged facts stated; e) the alleged harm to the personal integrity related to the search for justice, and f) the alleged unwarranted intrusion into the place of residence. A. Facts relating to the alleged rape of Mrs. Fernández Ortega 78. The facts of the present case occurred in the context of a significant military presence in the state of Guerrero,52 aimed at repressing unlawful activities such as organized crime. It has been reported that fundamental rights were violated during the repression of such activities.53 In Guerrero, an important percentage of the population belongs to indigenous communities, who conserve their traditions and cultural identity and reside in municipalities with a large 50 The Inter-American Convention to Prevent and Punish Torture establishes, inter alia: Article 1 The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention. Article 2 For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish. Article 6. In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction. The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make such acts punishable by severe penalties that take into account their serious nature. 51 Article 7(a) and (b) of the Convention of Belém do Pará, establishes, in what is relevant, that: The States Parties condemn all forms of violence against women and agree to pursue, by all appropriate means and without delay, policies to prevent, punish and eradicate such violence and undertake to: a. refrain from engaging in any act or practice of violence against women and to ensure that their authorities, officials, personnel, agents, and institutions act in conformity with this obligation[, and] b. apply due diligence to prevent, investigate and impose penalties for violence against women[.] 52 Cf. Report 2003, United Nations Office of the High Commissioner for Human Rights in Mexico, supra note 28, folio 325); Report regarding violence against women in the Municipalities of the Mountain region of Guerrero [Diagnóstico sobre violencia contra las mujeres en los Municipios de la región de la Montaña de Guerrero], Secretariat for Women’s Affairs in the state of Guerrero and others (file of annexes presented by the State during the public hearing, tome X, annex 7, folio 13628), and sworn statement made before a public notary by the expert witness Stavenhagen on March 29, 2010, (case file on the merits, tome III, folio 1444). 53 Cf. Report 2003, United Nations Office of the High Commissioner for Human Rights in Mexico, supra note 28, folio 325; Report, Secretariat for Women’s Affairs of the state of Guerrero and others, supra note 52, folios 13635 and 13636; Always close, always far: The Armed Forces in Mexico [Siempre cerca, siempre lejos: Las fuerzas armadas en México], supra note 28, folios 3783, 3784, 3786 to 3790, and sworn statement made before a public notary by expert witness Stavenhagen, supra note 52, folio 1444.