36
victim of rape by a person in authority.”99 The State contested, generally, the latter
document in its response to the application, noting that “its content is not related to
the [litis] of the case.” Nevertheless, the Court notes that it relates to a
psychological evaluation of Mrs. Fernandez Ortega regarding the impact the facts of
the case had on her. As a consequence, the Court does not find that the evidence
asserted in said psychological evaluation, nor that noted in Recommendation
048/2003 to be discredited, nor the authenticity of said documents to be in
question.
114. In addition, the Court has the statement of Mrs. Fernández Ortega’s
daughter, Noemí Prisciliano Fernández, which is consistent with what she indicated
about the moment before and after the rape.100 Similarly, the Court has the
statements of Mr. Prisciliano Sierra, Mrs. Eugenio Manuel, Mr. Lugo Cortés, and Mr.
Ramirez Rodríguez who, although they did not witness the incident, were present
shortly afterwards and assisted the alleged victim as soon as they learned of what
had happened. Their testimony reveals that when they first saw the alleged victim
after the event, they found her unwell, sad, upset, with aches and pains and, when
the victim told them what had happened, she indicated that she had been raped
and that those responsible were soldiers.101
99
According to that indicated by the report, the intervening psychologist carried out a follow-up
on Mrs. Fernández Ortega’s state since 2006 until the issuance of the report in 2009, and in order to
carry out said evaluation, she met with the patient 30 times, cf. Assessment of psychological impact,
supra note 30, folio 5697.
100
Cf. Noemí Prisciliano Fernández stated: “I was in the house with my mother […] when [three]
soldiers arrived […] I was afraid and left running [with my three siblings] to the [home of] my
grand[pa], and [once in his house], we locked ourselves in because my grand[pa] was also scared,”
statement of Noemí Prisciliano Fernández before the Common Public Prosecutor’s Office, supra note 83,
folio 4401. She further stated, “a good deal of time had passed when I left my grand[pa’s] house and
went to my house and when I got there, I saw my mom crying.” She stated, “[t]he three soldiers that
first got there entered, were the firepit is, and they went to where my mother was and my three siblings
and it was then that they attacked my mother […] I did not know what was happening, but I remember
that they first took off her dress, and then one of them took off his pants, and he hit my mother with his
hand, while the other soldiers kept their weapons pointed at her. Then, my brothers and I were really
afraid […] and that is why we left running to my grandparents house.” Lastly, she stated: “[b]ecause I
was so worried about my mother, after a while I went back to the house. […] After they left, together
with my grandpa and siblings, we went to where my mother was and she was laying and crying because
of what the soldiers did.” Sworn statement of Noemí Prisciliano Fernández before a public notary, supra
note 68, folios 1492 and 1493.
101
Cf.
Mr. Fortunato Prisciliano Sierra stated: “[o]n March 22, 2002, […] I was working on the
plot of land[…] and returned from work at around four in the afternoon, […] and when I entered the
house, I saw my wife crying, and I asked her what had happened, she told me that when I was gone,
three soldiers came into the house from the kitchen and raped her while eight other soldiers stole the
meat, and that they threatened her with their weapons.” He also stated: “[o]n March 23, 2002, I went
walking to Ayutla, […]to look for help […] in the OPIMT offices, and there I met with Obtilia Eugenio
Manuel and Cuauhtémoc Ramirez Rodriguez, whom I first told that [my wife] was very sick and asked if
they could help me transport her, but because they began to ask a lot of questions, with a lot of
embarrassment, I had to tell them that the [soldiers] raped her, and that is why she was sick,” Sworn
statement of Mr. Prisciliano Sierra before a public notary, supra note 66, folios 1500 and 1501. Mr.
Cuauhtémoc Ramírez Rodríguez stated: “[i]n regards to the rape, I knew what had happened, given that
on March 23, 2002, in the morning [Mrs. Fernandez Ortega’s] husband, came down to Ayutla to meet
with me and Obtilia Eugenio Manuel […] There, I recall that he stated [Mrs. Fernandez Ortega] was sick,
but since we saw that he was so mad and distressed, we began to ask him questions, and he ended up
telling us that [Mrs. Fernandez Ortega] had been raped by soldiers.” Moreover, he stated that on March
23, 2002, “[w]hen we finally arrived with Fortunato to his home [in Barranca Tecuani], we saw that
[Mrs. Fernández Ortega] was laying down, very fragile, very hurt and in much pain,” Sworn statement of
Mr. Ramirez Rodriguez before a public notary, supra note 72, folio 1510. Mr. Lugo Cortés stated: “[s]he
was laying and my first impression was that she was very physically and emotionally hurt, completely
overwhelmed by what had occurred […] she had the strength to narrate the facts to me and to affirm
that, in effect, she was raped by members of the Mexican Army. At that time, Mrs. Fernandez [Ortega]
told me that on March 22, 2002, she was raped in her home and that those responsible were soldiers,”
statement of Mr. Lugo Cortés before a public notary, supra note 67, folio 1532. Mrs. Obtilia Eugenio
Manuel stated: “[r]egarding what happened, I found out when her husband [Mr. Prisciliano Sierra] went
down to Ayutla to the organization’s office on March 23, to talk with me and with Cuauhtémoc Ramírez.
At first, he did not want to say anything and he only said that [Mrs. Fernández Ortega] was very sick […]
Later he told us what had happened. When we arrived in Barranca Tecoani, we went directly to [Mrs.