and the Assistant Prosecutor, with the Disciplinary Committee of the
Supreme Court of Justice (on November 8, 2002).
22.
Lastly, the petitioner states that justice administration officials
in Nicaragua are highly prejudiced against women and have little
knowledge of the laws protecting children and women. She also, alleges
that there are no specialists to treat rape victims and that jury members
do not receive training in this area. She states that there is impunity in
the cases of most crimes of sexual violence against minors in Nicaragua.
B.
Position of the State
23.
The State denies the allegations submitted by the petitioner
regarding the irregularities in the proceedings and the denial of justice.
It also indicates that the petitioner did not provide convincing and
objective evidence of the alleged violation of the human rights of the
child V.R.P. With regard to the allegations of procedural delay, the State
indicates that the Code of Criminal Procedure in force at the time
established a very slow, written, investigate procedure, wherein the
operative power of the parties was very limited, this accounting for the
delay in the judgment of the Collegiate Court.
24.
The State also indicates that the right to personal integrity of
the child V.R.P. was not violated by the authorities because “the social
reality is that any victim of a sexual crime, in undertaking proceedings
against his or her aggressor, is revictimized,” since “such individuals
have experienced a traumatic situation with profound psychological
sequelae and, in undertaking criminal proceedings, the victim must
undergo a series of situations that contribute to augmenting his or her
suffering and the sequelae of any sex crime.”20 In that connection, it
notes that in cases such as this, it is essential to establish that rape
occurred, and therefore “there is no deliberate violation of any human
right when the victim is subjected to the expert examination required to
prosecute the accused and necessary for the defense of rights, in this
case, of the minor child [V.R.P.].”21
25.
The State indicates that H.R.A., accused of rape, was
prosecuted in accordance with the legal procedure. In that connection, it
states that the petitioner’s complaint and the child’s statement were
received, 21 affidavits were taken, among them the testimony of the
doctors who treated the child prior to the complaint, a warrant was
20 Note from the State of June 29, 2007, MRE/DGO/1570/06/07.
21 Note from the State of February 14, 2005, MRE/DM-DGOI/218/02/05.
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