- 96 - and Articles 7(c), 7(e) and 7(h) of the Convention of Belém do Pará, owing to the absence of an internal legal framework on the use of force and torture at the time of the facts. Thus, the Court has considered that the dispute has ceased on those issues and will not refer to them in its considerations, and finds that the State is responsible for the violation of those rights to the detriment of the eleven women victims in this case. 269. Taking the above into account, the Court will now analyze: due diligence in the investigation and the processing of the complaint of rape (B.1); the duty to investigate within a reasonable time (B.2), and gender-based discrimination owing to the flaws in the investigation (B.3). B.1 Due diligence in the investigation and processing of the complaint of rape 270. The Court has indicated that the duty to investigate established in the American Convention is enhanced by the provisions of Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture which oblige the States “to take effective measures to prevent and punish torture within their jurisdiction,” as well as “to prevent and punish other cruel, inhuman or degrading treatment or punishment.” According to the provisions of Article 8 of that Convention, the States parties “guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of his case” and that “their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process.” Furthermore, in cases of violence against women, the general obligations established in Articles 8 and 25 of the American Convention are supplemented and enhanced for those States that are party to the Convention of Belém do Pará by the obligations derived from this specific inter-American treaty. Article 7(b) of this Convention specifically obliges the States parties to apply due diligence to prevent, punish and eradicate violence against women.362 271. Bearing this in mind, the Court will proceed to analyze: (i) the initial flaws in the processing of the complaint and the gathering of evidence; (ii) the presumed obstruction of the Public Prosecution Service in the inquiries and access to the case files, and (iii) the investigation of all those responsible. B.1.1 Initial flaws in the processing of the complaint and the gathering of evidence 272. The Court has stipulated that, in a criminal investigation into sexual violence, it is necessary that: (i) the victim’s statement should be taken in a safe and comfortable environment that offers privacy and inspires confidence; (ii) the victim’s statement should be recorded to avoid or limit the need to repeat it; (iii) the victim should be provided with medical, psychological and hygienic treatment, both on an emergency basis, and continuously if required, under a protocol for such treatment aimed at reducing the consequences of the rape; (iv) 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; (v) the investigative measures should be coordinated and documented and the evidence handled with care, including taking sufficient samples and performing all possible tests to determine the possible perpetrator of the act, obtaining other evidence such as the victim’s clothes, examining the scene of the incident immediately, and guaranteeing the proper chain of custody of 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. 193, 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. 152. 362

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