45
and the impact it caused her.130 Due to the different experiences and recollection of
memories, the Court understands that the afflictions produced from witnessing the
events that led to the rape are not the same for all four children.131
146. On the other hand, the affliction of the children is also associated with the
search for justice that was initiated by their parents, as well as with the
consequences that such search, along with the effects of the rape itself, generated
within their family dynamics. The Tribunal has proven the fact that Ms. Fernández
Ortega and her husband found themselves compelled to leave their community on
those occasions wherein they had to make inquiries relating to the search for
justice in the case. Consequently, they had to leave their children home alone,
which did produce a deep fear in the children, especially given the military presence
in the area.132 In this sense, the facts of the case and the pursuit of justice
generated significant and harmful changes in their family life that has particularly
affected the children whom have experienced great suffering for all these years.133
147. Additionally, regarding the young Noemí Prisciliano Fernández, she had to
repeatedly confront the authorities to testify about the facts.134 This has been
verified by the expert testimony of Mrs. Correa, in stating that, the fact of having to
130
Cf. Sworn statement of Noemí Prisciliano Fernández rendered before a public notary, supra note
68, folio 1494.
131
Pursuant to the birth certificate of Neftalí Prisciliano Fernández, she was born on September 17,
2003, that is, two years after the events occurred. Cf. Birth certificate of Neftali Prisciliano Fernández,
supra note 65, folio 3886.
132
Statement of the young Noemí Prisciliano Fernández: “I would stay alone with my siblings, and
I would be very afraid because I would think that the [soldiers] would come again,” sworn statement of
Noemí Prisciliano Fernández rendered before a public notary, supra note 68, folio 1494. Moreover, Mr.
Prisciliano Sierra stated: “each [time] we left to Ayutla we would have to leave our children alone with
the fear that something would happen to them.” Sworn statement of Mr. Prisciliano Sierra rendered
before a public notary, supra note 66, folio 1502; On her behalf, Mrs. Fernández Ortega stated: “[e]ach
time we would return from Ayutla there were many problems, because my children would stay home
alone, and I was afraid […] that more [soldiers] would do something to them,” sworn statement of Mrs.
Fernández Ortega rendered before a public notary, supra note 68, folio 1486.
133
Mrs. Fernández Ortega stated: “[our children] also suffered a lot because of what happened to
us, and even more those which saw how the soldiers started to abuse me. We already sent Noemi and
Ana Luz to Ayutla because in Barranca Tecoani something could happen to them. Because they saw
everything, I see that they suffer a lot and that they remember what happened, because they are afraid
of the [soldiers]. The youngest also suffer. Colosio and Nelida were very young when everything
happened, but they see very well all the problems we have had and they do not do well in school. Even
Neftali who was not yet born when the [soldiers] came, I see that she is afraid and never leaves my
side,” sworn statement by Mrs. Fernández Ortega rendered before a public notary, supra note 62, folio
1488. Noemí Prisciliano Fernández stated: “sometimes me and my brothers would stay alone and there
was nothing to eat, because there was little money and they needed it to go out and ask for justice.
After, when my father and mother returned, I would see them fight a lot because of what had happened
and they would be frustrated. All that was very hard. Sometimes I would stay quiet or I would wake up
at night crying or scared. I think that after what happened everything changed for us […] I feel angry
and with fear […] Now I speak Spanish, and I had to come to Ayutla to study and I return home […]
often, but even still I feel scared when I am alone or when I see the [soldiers]. And now that I am older,
I also see that my father, my mother, and my siblings are also afraid. Before […] we all lived well, but
then everything changed, my brothers are very sad in school, the other boys make fun of us […], my
youngest siblings barely ever hang out with or play with other kids, my brother Colosio who is now older
has even fought with other kids because of what they say about my mother” sworn statement by Noemi
Prisciliano Fernández rendered before a public notary, supra note 68, folio 1495. On his behalf, Mr.
Prisciliano Sierra stated: “[l]ater when my daughter Noemi finished grade school she went to study
middle school in the city of Ayutla, because we felt that it was dangerous, something could happen to
her, and we did the same with Ana Luz,” sworn statement by Mr. Prisciliano Sierra rendered before a
public notary, supra note 66, folio 1503.
134
Noemí Prisciliano Fernández stated: “I was very nervous because I barely spoke Spanish then.
All of it was very difficult because no one else helped us and it was sort of like no one believed what had
happened and they treated us poorly for not speaking Spanish,” sworn statement by Noemi Prisciliano
Fernández rendered before a public notary, supra note 68, folio 1494.