treatment, the physical and mental aftereffects of which vary in intensity based on factors
that are exogenous and endogenous to the individual (such as, duration of the treatment, age,
sex, health, context, and vulnerability) that must be analyzed in each specific situation. 203
160. The Court has understood that, in light of Article 5(2) of the Convention, “torture” is any
act of abuse that: (i) is intentional; (ii) causes severe physical or mental suffering, and (iii) is
committed with any objective or purpose. 204 The Court has also recognized that threats and
the real danger of subjecting a person to serious physical injuries produces, in certain
circumstances, moral anguish of such intensity that it may be considered “psychological
torture.”205 Similarly, the Court has reiterated that rape and other forms of sexual violence
may constitute cruel, inhuman or degrading treatment and even acts of torture if the elements
of the definition are met.206 To classify a rape as torture, it is necessary to examine the
intentionality, the severity of the suffering, and the purpose of the act, taking into
consideration the specific circumstances of each case.207 The Court will now examine whether
these elements were present in the abuse of which Azul Rojas Marín was a victim.
161. Regarding the existence of an intentional act, the evidence in the case file proves that
the abuse was inflicted on the presumed victim deliberately. Indeed, the statements reveal
that the state agents hit Ms. Rojas Marín intentionally on several occasions and raped her by
introducing the police baton in her anus.
162. Based on the evidence provided, the Court finds that the severity of the abuse suffered
by the presumed victim has been proved. The Court has established that rape is an extremely
traumatic experience that has severe consequences and causes great physical and
psychological harm, leaving the victim “physically and emotionally humiliated.”208 On this
point, the forensic medical examination ratified the presence of extragenital and anal injuries
(supra para. 151), and the blood found on the back of the presumed victim’s trousers reveals
that, possibly following the rape, when putting the trousers back on, the bleeding continued.
Also, Ms. Rojas Marín indicated that the “first four days the pain was most intense, she was
even afraid to defecate because it hurt.”209 She also indicated that “it hurt her to sit down,
she felt pressure, she had to find a comfortable position.”210.
Cf. Case of Loayza Tamayo v. Peru. Merits, supra, paras. 57 and 58, and Case of Montesinos Mejía v. Ecuador.
Preliminary objections, merits, reparations and costs, supra, para. 150.
203
Cf. Case of Bueno Alves v. Argentina. Merits, reparations and costs. Judgment of May 11, 2007. Series C No.
164, para. 79, and Case of Ruiz Fuentes et al. v. Guatemala. Preliminary objection, merits, reparations and costs.
Judgment of October 10, 2019. Series C No. 385, para. 129.
204
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No.
88, para. 102, and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection, merits,
reparations and costs, supra, para. 192.
205
Cf. Case of Rosendo Cantú et al. v. Mexico. Preliminary objection, merits, reparations and costs, supra, paras.
110 and 112, and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection, merits,
reparations and costs, supra, para. 193.
206
Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary objection, merits, reparations and costs, supra,
para. 128, and Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection, merits,
reparations and costs, supra, para. 193.
207
Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs, supra, para. 311, and Case
of López Soto et al. v. Venezuela. Merits, reparations and costs. Judgment of September 26, 2018. Series C No. 362,
para. 187.
208
Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police Station on March 6, 2008
(evidence file, folio 2819).
209
Expansion of the statement made by Azul Rojas Marín at the Casa Grande Police Station on March 6, 2008
(evidence file, folio 2819).
210
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