26
six cases of the rape of indigenous women attributed to members of the Army in
the state of Guerrero, which were all heard in the military jurisdiction,61 and there
is no evidence that those responsible have been punished in any of these cases.
80.
Mrs. Fernández Ortega is an indigenous woman and a member of the
Me´phaa indigenous community; she resides in Barranca Tecoani, state of
Guerrero.62 At the time of the facts, she was 25 years of age,63 and she was
married to Mr. Prisciliano Sierra64 with whom she had four children, and a daughter
who was born two years later.65 Mrs. Fernández Ortega, a housewife, took care of
the animals and planted different crops on the family’s plot of land.66 The
community of Barranca Tecoani is located in an isolated mountainous area, and
consequently, access is difficult.67
81.
On March 22, 2002, at around three in the afternoon, Mrs. Fernández
Ortega was at home with her four children, Noemí, Ana Luz, Colosio, and Nélida, all
bearing the surname of Prisciliano Fernández, when a group of approximately
eleven soldiers, in uniform and carrying weapons, approached the house. Three of
them entered her home.68
82.
Mrs. Fernández Ortega stated that the three soldiers entered the house
without her consent and asked her several times “where did your husband go to
steal meat,” to which she did not answer them because she did not speak Spanish
well and because she was afraid. The soldiers pointed their rifles at her and
repeated the same question, and then, one of them grasped her hands and pointing
his rifle at her, told her to lie on the floor, which she did. Once on the floor, another
soldier grabbed the alleged victim’s hands with his right hand and, with the other,
pulled down her skirt and underwear and raped her while the other two observed.
Afterwards, those three individuals left the house, and along with those who had
staid outside of the house, left the area.69
61
Cf. Report, Secretariat for Women’s Affairs of the state of Guerrero and others, supra note 52,
folios 13635 and 13636, and sworn statement rendered before a public notary by expert witness
Stavenhagen, supra note 52, folio 1446.
62
Cf. Sworn statement rendered before a public notary by Mrs. Fernández Ortega on March 19,
2010 (case file on the merits, tome III, folio 1483).
63
Cf. Birth certificate of Mrs. Fernández Ortega (case file of annexes to the brief of pleadings and
motions, tome I, annex E, folio 3874).
64
Cf. Marriage certificate of Mr. Prisciliano Sierra and Mrs. Fernandez Ortega on April 29, 1995
(case file of annexes to the brief of pleadings and motions, tome I, annex F, folio 3876).
65
Cf. Birth certificates of Noemi, Ana Luz, Colosio, Nelida, and Neftalí, all with the last name of
Prisciliano Fernández. Nevertheless, on the birth certificate of the girl Ana Luz, her last name is “Ortega”
(case file of annexes to the brief of pleadings and motions, tome I, annexes G to K, folios 3878 to 3886).
66
Cf. Sworn statement rendered before a public notary by Mrs. Fernández Ortega, supra note 62,
folios 1483 and 1487, and sworn statement rendered before a public notary by Mr. Prisciliano Sierra on
March 19, 2010 (case file on the merits, tome III, folios 1499 and 1500).
67
Cf. Sworn statement of Mr. Lugo Cortes made before a public notary on March 25, 2010 (case
file on the merits, tome III, folios 1531 and 1532), and final written arguments of the State (case file on
the merits, tome V, folio 2474).
68
Cf. Sworn statement of Mrs. Fernández Ortega made before a public notary, supra note 62,
folios 1483 y 1484, and sworn statement rendered before a public notary by Noemí Prisciliano Fernández
on March 22, 2010 (case file on the merits, tome III, folio 1493).
69
Cf. Sworn statement of Mrs. Fernández Ortega made before public notary, supra note 62, folio
1484; complaint filed by Mrs. Fernández Ortega before the Public Prosecutor of the Common Jurisdiction
of the Judicial District of Allende, on March 24, 2002 (case file of annexes to the answer to the
application, tome II, folio 6836); brief requesting expansion of the complaint filed by Mrs. Fernández
Ortega before the Public Prosecutor of the Common Jurisdiction of the Judicial District of Allende, on
April 18, 2002, (case file of annexes to the answer to the application, tome II, folios 6869 y 6870).