48
252.
At the international level, the International Criminal Tribunal for the Former Yugoslavia
held that “there can be no doubt that rape and other forms of sexual assault are expressly prohibited
273
under international law” . Some years later, the Appeals Chamber of that Tribunal ruled that, to find that
the crime of torture has been committed, it is sufficient to establish that the perpetrator intended to act in
a way which, in the normal course of events, would cause severe pain or suffering, whether physical or
274
mental, to his victims, even if his motivation was entirely sexual.
253.
In the inter-American system, the Commission has determined that for torture to exist in
cases of sexual violation, three elements must be present: “(i) it must be an intentional act through which
physical and mental pain and suffering is inflicted on a person; (ii) it must be committed with a purpose;
and (iii) it must be committed by a public official or by a private person acting at the instigation of the
275
former” . The IACHR has also stressed the physical and mental suffering inherent in rape and how it
can be used as a method of psychological torture because its objective, in many cases, is to humiliate not
276
only the victim but also her family or her community . The Commission has declared that:
Rape causes physical and mental suffering in the victim (...). The fact of being made the subject of
abuse of this nature also causes a psychological trauma that results, on the one hand, from having
been humiliated and victimized, and on the other, from suffering the condemnation of the members
277
of their community if they report what has been done to them.
254.
The Inter-American Court has ruled that acts of sexual violence against female detainees
278
constitute torture . In its analysis, the Court found explicitly that the women were under the complete
279
control of State agents, and absolutely defenseless.
255.
On the basis of evolving international and regional standards, the Commission considers,
280
as it has considered in other cases , that rape by a State official always results in intimidation,
humiliation or coercion of the victim, among other prohibited intents and purposes identified under the
281
international standards relating to torture . This is due to the severe and lasting physical and mental
suffering inherent in all acts of sexual violence, because of their nonconsensual and invasive nature and
their impact on the victim, her family and her community. This situation is made worse when the
perpetrator is a State official, because of the physical and psychological power that the aggressor can
exercise abusively over the victim through his position of authority.
256.
In the present case, the Commission has demonstrated that in El Mozote many of the
young women, before being executed, were taken to the outskirts of the village, specifically to the El
273
ICTY. Celebici Case Nº IT-96-21 T, Ruling, para. 476, November 16, 1998. Taken from Louis Henkin et al, Human
Rights. Foundation Press, New York, 1999, pages 380 and 381
274
ICTY. Appeals Chamber, Prosecutor v. Kunarac, Kovak and Vukovic, Judgment of 12 June 2002, Para. 153.
275
IACHR,
Report
No.
5/96,
Raquel
Martín
http://www.IACHR.oas.org/annualrep/95span/cap.III.peru10.970.htm.
Mejía,
Case
10.970,
1
March
1996.
At:
276
IACHR, Report No. 5/96, Raquel Martín Mejía, Case 10.970, 1 March 1996. IACHR, Report on the Merits, No. 53/01,
Ana,
Beatriz
and
Cecilia
González
Pérez
(Mexico).
At:
http://www.IACHR.oas.org/annualrep/2000sp/CapituloIII/Merits/Mexico11.565.htm
277
IACHR, Report No. 5/96, Raquel Martín Mejía, Case 10.970, 1 March 1996.
278
I-A Court. Penal Miguel Castro Castro vs. Perú. Judgment of 25 November 2006. Series C No. 160, Para. 312
279
Ibid., Para. 307.
280
IACHR,
Petition,
Case
12.579
Valentina
Rosendo
Cantú
vs.
Mexico,
at
http://www.IACHR.oas.org/demandas/12.579%20Valentina%20Rosendo%20Cantu%20Mexico%202ago09.pdf and IACHR, petition,
Case
12.580
Inés
Fernández
Ortega
vs.
Mexico,
at
http://www.IACHR.oas.org/demandas/12.580%20Ines%20Fernandez%20Ortega%20Mexico%207mayo09.pdf.
281
Ibid.