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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