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investigation with a gender perspective, as the case required. In addition, the investigation of the
acts denounced by the women was characterized by discriminatory, stereotypical and revictimizing statements and conducts, infringing the right of access to justice of the women victims
in this case.
311. The Court has also referred to the stereotyped violence of which the women were victims,
by being humiliated based on stereotypical and re-victimizing assertions by some authorities
(supra para. 219). However, the effect that these assertions may have had on the diligence with
which the investigations were conducted, especially at the initial stages, remains to be analyzed.
312. In this regard, during the public hearing before this Court, expert witness Julissa Mantilla
explained that the humiliation of a victim by senior officials not only re-victimizes a woman, but
also has an impact on the care and diligence with which the judicial officials undertake the
investigation. This may have particularly serious effects when, as in this case, this occurs at the
outset of the investigation, which is when the greatest speed and diligence is required of the
authorities.422
313. In this case, the Court observes that it was stated that the women “for reasons of modesty,
had not let doctors examine them,” which was particularly vexatious because most of the women
were denied a gynecological examination, even though some of them had expressly requested
this, even having to resort to a hunger strike (supra para. 109). Furthermore, the women were
disbelieved by denial of the sexual violence because no complaints had been filed, when this was
not only irrelevant, because the obligation to investigate arises when evidence exists, irrespective
of the existence of a complaint, but was also false, since several of the women had tried to file
complaints about the facts and the authorities had not allowed this (supra para. 105). The Court
also notes the use of expressions aimed at relieving the perpetrators of responsibility or justifying
their acts; for example, by reducing the police abuse to a consequence of stress, as well as the
perpetration of stereotypes relating to the lack of credibility of women, attributing the complaints
to tactics of “insurgent groups” or “radicals” (supra para. 74). In short, the Court notes that
statements of this type are not only discriminatory and re-victimizing, but also create an adverse
climate for the effective investigation of the facts and encourage impunity.
314. The Court also notes that the women were also denigrated by the treatment they received
from the officials in charge of the investigation. For example, during the public hearing before this
Court, Bárbara Italia Méndez Moreno stated that, the whole time, she felt that questions were
being raised with regard to her behavior and regarding what she had done to deserve what
happened to her.423 The attitude of one of the doctors (whose duty it was to treat the women and
document the acts reported) towards Claudia Hernández was particularly disturbing, when he said
that he did not believe her and called her a “radical” and “filth” (supra para. 104).
315. This Court has indicated, with regard to rape, that given the nature of this form of violence,
the existence of graphic or documentary evidence cannot be expected and, therefore, the victim’s
Cf. Expert opinion provided by Julissa Mantilla during the public hearing held before this Court. Similarly, expert
witness Rebeca Cook indicated that “[d]enigrating victims sends a message that the State does not consider them worth
protecting against violence or the State resources required to conduct an effective criminal investigation into their
complaints of violence.” She added that “stereotypical comments influence the conduct of all the public authorities,
justifying the State’s inaction and its failure to prevent, punish and/or eradicate violence against women” (merits file,
folios 976 and 977).
422
423
Statement by Bárbara Italia Méndez Moreno during the public hearing before this Court.