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evidence, and (vi) the victim should be provided with access to free legal assistance at all stages
of the proceedings.363
273. Regarding the interview with a person who states that they have been subjected to acts of
torture, the Court has indicated that: (i) the person should be allowed to describe freely what he
or she considers 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 psychosocial 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.364 In addition, the interview with a presumed
victim of acts of violence or rape should be carried out in a comfortable and safe environment,
that offers privacy and inspires confidence, and should be recorded in order to avoid or limit the
need to repeat it.365
274. In this regard, the Court notes that, when they were brought before the Public Prosecution
Service to make a statement, several of the women tried to report the facts. However, the
authorities not only refused to let them describe freely what they considered relevant, but refused
to document the facts recounted by the women regarding the torture and sexual violence they
had suffered.366 The Court also notes that the statements were made in the prison’s dining hall, in
front of many other detainees, some of whom the victims knew; and, when taken to see the
medical personnel, in many cases they were examined in the presence of other detainees, in an
environment that was neither comfortable or safe, and did not offer privacy or inspire trust.
275. Furthermore, the Court considers that, in cases where there are indications of torture, the
medical examination of the presumed victim should be performed with their prior and informed
consent, without the presence of law enforcement or other State agents. Also, on becoming
aware of acts of violence against a woman, a complete and detailed medical and psychological
examination should be performed immediately by appropriate trained personnel, of the sex
preferred by the victim insofar as this is possible, and the victim should be advised that she may
be accompanied by a person of confidence if she so wishes. This examination should be
performed in accordance with protocols specifically designed to document evidence in cases of
gender-based violence.367 In addition, the doctors and other health care personnel have the
Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of
August 30, 2010. Series C No. 215, para. 194, and Case of V.R.P., V.P.C. et al. v. Nicaragua. Preliminary objections,
merits, reparations and costs. Judgment of March 8, 2018. Series C No. 350, para. 154.
363
Cf. UN, Office of the United Nations High Commissioner for Human Rights, Istanbul Protocol (Manual on the 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, and Case of Espinoza Gonzáles v. Peru. Preliminary objections,
merits, reparations and costs. Judgment of November 20, 2014. Series C No. 289, para. 248.
364
Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of
August 30, 2010. Series C No. 215 para. 194, and Case of Espinoza Gonzáles v. Peru. Preliminary objections, merits,
reparations and costs. Judgment of November 20, 2014. Series C No. 289, para. 249.
365
In fact, the Court notes that the authorities told them that they were not there to file complaints, but rather to make
a statement with regard to the offenses of which they were accused, or that they would have to file the complaint on their
release from prison, and they were even expressly ordered not to include that information in their statement (supra para.
105). Similarly, the SCJN concluded that, even though “some of the women who said that they had been sexually
assaulted indicated this in their initial statement […] this did not lead to prompt inquiries or verification.” SCJN judgment
of February 12, 2009 (evidence file, folio 30922).
366
In this regard, the Court has stipulated that the corresponding reports should include, at least: (a) The
circumstances of the interview. The name of the subject and name and affiliation of those present at the examination; the
exact time and date, location, nature and address of the institution (including, where appropriate, the room) where the
367