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140. The representatives noted that the rape caused “deep suffering for the
members of her family, which has worsened and has remained over the years due
to the impunity of the case. Her husband, children, mother, and siblings have been
victims of severe emotional damage which they have not been able to overcome.”
As for Mr. Prisciliano Sierra, the facts have caused him to have feelings of
powerlessness, frustration, and anguish for not having been able to protect his wife
and for the danger of another attack on his family by the military. This has also
caused damage to his role within the community for maintaining a relationship with
a woman who was another man’s,” for which “[Mr. Prisciliano Sierra’s] honor was
severely affected, because he felt unable to defend his wife in the role that society
had assigned to him” and, moreover, the cultural stigma regarding women who
have been raped also affected his reputation. Given his suffering, Mr. Prisciliano
Sierra resorted to drinking and became more violent with his wife, thus affecting
their relationship as a couple. Similarly, witnessing at a young age, the attack
against their mother has resulted in “profound suffering and anguish” to the sons
and daughters of Mrs. Fernández Ortega, whom have also suffered isolation and
been called out in their community for being her children, and they have grown up
in an atmosphere of violence against their mother because of the problems which
the rape caused for the couple. In their final written arguments, the
representatives, based on these same facts, requested the Court to declare a
violation of Article 19 of the American Convention regarding the children of Mrs.
Fernández Ortega.
141. In addition, the representatives indicated that the right to personal integrity
of the mother and siblings of Mrs. Fernández Ortega were violated due to diverse
forms of suffering, consequence of the rape of Mrs. Fernandez Ortega, and due to
the impunity in which the facts remain. Regarding the siblings, they indicated that
Mr. Lorenzo Fernández Ortega had a close relationship to the victim and “for his
role in the filing of the complaint he was subject to a variety of threats and
harassment[,] the most serious occurred on February 9, 2008, when he was cruelly
tortured until murdered.” On the other hand, Mr. Oclotán Fernández Ortega, though
very young when the events occurred, subsequently sought to establish a
connection to the OPIM so as to complain and seek justice for his sister and other
women, and this caused him to be the victim of surveillance and harassment which
forced him to leave their community for fear of the threats materializing. On her
behalf, the mother has suffered from all the multiple threats and the intimidation
against her children. Aside from the pain caused by what happened to her
daughter, given that she lives in a remote area, she was unable to be near her
when the events occurred, and to make matters worse, Ms. Fernandez Ortega
ceased visiting her mother for some time for fear that something would happen to
her because of the military presence. Finally, the mother of Mrs. Fernández Ortega
has been caring for the children so as to allow her daughter to carry out efforts to
seek justice. Because of the aforementioned, the representatives requested the
Court to declare a violation of the rights to personal integrity and honor and
dignity, enshrined in Articles 5 and 11 of the Convention, to the detriment of the
next of kin of Mrs. Fernández Ortega.
142. The State expressed regret for the consequences that a rape may cause
close relatives; nevertheless, among other arguments, it said that neither the crime
nor those responsible had been proven, and therefore, it can not recognize or
accept that the rights to personal integrity and honor and dignity of the relatives of
Mrs. Fernández Ortega have been violated (supra para. 95). Therefore, the State
asked the Court to declare that the violation of the rights to personal integrity or
honor and dignity to the detriment of the relatives indicated is not attributable to
the State.
*