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

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