psychological assessment,228 and the psychiatric evaluation.229 There is no evidence that the
State took steps to limit the repetition of the statement.
184. Furthermore, the transcripts of the statements in the case file reveal that Ms. Rojas
Marín was questioned without any effort being made to make her feel comfortable and free to
describe what she considered relevant. To the contrary, the way in which she was questioned
appears to show that, from the moment she began to make her statement, the participating
officials were expressing doubts about the truth of what she was saying. For example, on
March 6, 2008, the presumed victim was asked:
Whether on February 28, 2008, when your initial statement was received, your anus was
still hurting when you sat down, because your statement took around three and a half hours
and you remained seated all that time without revealing any problem and you were even
sitting with your legs crossed?230
185. Similarly, in that same statement, when she had already freely narrated the details of
the rape, she was asked “if you can specify whether the rubber baton used by the police was
introduced into your rectum or was there merely an attempt to introduce it?”231
186. In addition, the judicial authorities carried out a judicial inspection and reconstruction
procedure where the presumed victim again had to describe what had happened, but this time
in front of those presumably responsible and in the place where the acts occurred. 232 During
this procedure, several police agents, judicial officials and the lawyer of one of the accused
laughed from time to time when listening to Ms. Rojas Marín’s statement.233 Also, the lawyer
of one of the accused constantly interrupted Ms. Rojas Marín’s statement mockingly, and once
asking her to scream as she had screamed on the night of February 25, 2008;234 also, at
another time, he asked the presumed victim whether “at the time the baton was introduced
in the rectum [she] could determine the depth of this penetration.”235 Moreover, during most
of the interrogation, this lawyer was holding a rubber baton, which he repeatedly hit against
the palm of his other hand.236 The Court notes that the judge in charge of the procedure never
prohibited this conduct.
Cf. Psychological assessment protocol conducted by the Ascope Forensic Medicine Division of the Institute of
Forensic Medicine of the Public Prosecution Service on February 29, 2008 and March 4, 2008 (evidence file, folio
2824).
228
229
Cf. Psychiatric assessment of September 13, 2008 (evidence file, folios 2917 and 2918).
Cf. Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police Station on March 6, 2008
(evidence file, folio 2815).
230
Cf. Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police Station on March 6, 2008
(evidence file, folio 2818).
231
Cf. Video 1 of the inspection and reconstruction procedure on August 15, 2008 (evidence file, folder of
audiovisual material), and Record of the inspection and reconstruction procedure on August 15, 2008 (evidence file,
folio 2896).
232
Cf. Video 1 of the inspection and reconstruction procedure on August 15, 2008 (evidence file, folder of
audiovisual material, minutes 00:45, 07:52, 12:05) and Video 2 of the inspection and reconstruction procedure on
August 15, 2008 (evidence file, folder of audiovisual material, minutes 05:20 to 05:25).
233
Cf. Video 1 of the inspection and reconstruction procedure on August 15, 2008 (evidence file, folder of
audiovisual material, minutes 02:55 to 03:02).
234
Cf. Video 1 of the inspection and reconstruction procedure on August 15, 2008 (evidence file, folder of
audiovisual material, minutes 01:49 to 2:23) and Record of the inspection and reconstruction procedure on August
15, 2008 (evidence file, folio 2908).
235
Cf. Video 2 of the inspection and reconstruction procedure on August 15, 2008 (evidence file, folder of
audiovisual material, minutes 3:16 to 3:29).
236
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