the need to repeat it; (iii) the victim is provided with medical, psychological and hygienic care,
both on an emergency basis and continuously if required, under a care protocol aimed at
reducing the consequences of the rape; (iv) a complete and detailed medical and psychological
examination is performed immediately by appropriate trained personnel, if possible of the sex
preferred by the victim, advising the victim that they may be accompanied by a person of
confidence if they so wish; (v) the investigative measures are coordinated and documented
and the evidence is handled diligently, taking sufficient samples, performing tests to determine
the possible perpetrator of the act, securing other evidence such as the victim’s clothing,
investigating the scene of the incident immediately, and guaranteeing the proper chain of
custody, and (vi) the victim is provided with access to free legal assistance at all stages of the
proceedings.223
181. Taking the above into account, the Court will now examine: (a) the statements made by
Azul Rojas Marín; (b) the medical examination that was performed; (c) the omissions in the
collection of evidence and in the investigation of possible discriminatory motives; (d) the use
of discriminatory stereotyping during the investigation, and (e) the conclusion concerning due
diligence.
B.2.a The statements made by Azul Rojas Marín
182. In interviews with someone who states that they have been subjected to acts of torture:
(i) the person should be allowed to describe freely what they consider relevant; (ii) no one
should be required to talk about any form of torture if they feel uncomfortable doing so; (iii)
during the interview, the presumed victim’s pre-arrest psycho-social history should be
documented; and also a summary of the facts relating to the time and circumstances of the
initial detention, the place and conditions of detention while in State custody, and the methods
of ill-treatment and torture presumably suffered, and (iv) the detailed statement should be
recorded and transcribed.224 In addition, the interview with a presumed victim of acts of sexual
violence or rape should be conducted in a comfortable and safe environment that offers privacy
and inspires confidence and should be recorded to avoid the need to repeat it. 225
183. In this case, the presumed victim had to make a statement about the rape on three
occasions,226 in addition to describing the facts during the medical examination,227 the
Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary objection, merits, reparations and costs, supra,
para. 194, and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection, merits,
reparations and costs, supra, 272.
223
Cf. Case of Espinoza Gonzáles v. Peru. Preliminary objections, merits, reparations and costs, supra, para. 248,
and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection, merits, reparations and
costs, supra, para. 273. See also, United Nations, Office of the United Nations High Commissioner for Human Rights,
Istanbul Protocol (Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment), New York and Geneva, 2004, paras. 100, and 135 to 141.
224
Cf. Case of Fernández Ortega et al.. v. Mexico. Preliminary objection, merits, reparations and costs, supra,
para. 194, and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection, merits,
reparations and costs, supra, para. 273.
225
Cf. Statement made by Azul Rojas at the Casa Grande Police Station on February 28, 2008 (evidence file, folio
2811); Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police Station on March 6, 2008
(evidence file, folio 2815), and Video 1 of the inspection and reconstruction procedure on August 15, 2008 (evidence
file, folder of audiovisual material, minutes 00:00 to 00:22, 01:10 to 02:38, 4:02 to 4:38 and 11:11 to 12:48).
226
227
Cf. Forensic Medical Certificate of February 29, 2008 (evidence file, folio 2822).
48