INTER AMERICAN COURT OF HUMAN RIGHTS : Rosendo Cantú et al. v. Mexico


Facts: In 2002, a young girl belonging to a Mexican native community had been rapped and tortured by militaries.

Claimants : Inter-American Commission for Human Rights and : Organización del Pueblo Indígena Tlapaneco/Me’phaa4 (OPIM); Centro de Derechos Humanos de la Montaña Tlachinollan A.C.; Centro por la Justicia y el Derecho Internacional (CEJIL)

Rights at stakes: Obligation to respect the rights of the Convention, right to honour and dignity, Rights of the child, equality in front of the law judicial protection, right to personal integrity, judicial guarantee.

Texts: >- Inter-American Convention for Human Rights : art 1, 11, 19, 24, 5, 8
- Inter-American Convention for the Prevention and Repression of Torture
- Inter-American Convention for Prevention, Repression and Abolition of Violence against Women.
- Directives for the medico-legal monitoring of the victims of sexual violence – World Health Organisation, information handbook on torture and other cruel, inhuman and degrading treatment (the Istanbul Protocol) – United Nations.

Solution: The Court estimated that the State, by not effectively investigating the facts, and thus by not punishing in an effective manner the people who committed the facts, had violated the Inter-American Convention.