Case LNP - Argentina
GOVERNMENT OF CHACO EN ARGENTINA publicly apologize A YOUNG TOBA for withholding JUSTICE IN A CASE OF RAPE
A victim who had no legal counsel, his trial was carried in English without interpretation, as their language of origin is the Qom-tuff, thus making more difficult the communication with witnesses. Some of the questions raised during the trial were: if the victim had a boyfriend and / or if the rapist was her boyfriend, and / or if she was practicing prostitution, indigenous witnesses presented by the victim were disqualified for being indigenous.
addition, the judges questioned the victim's consent is not considered that one should not "confuse rape with the violence of the sexual act" and that her injuries were due to "momentum that is attempted penetration" and "Youth of the active subject, and in addition to alcohol intake, which produces" more debauchery. "
A flawed process, bias gender and racial / ethnic discrimination, was the one who had to deal with LNP, young Indian, who lived with his family in extreme poverty, in an isolated village in the province of Chaco, without means of communication or public transport after suffering a violation in October 2003, at age 15, by three young "Creoles" of the people, who were acquitted and released.
Given these facts, in May 2007 and CLADEM INSGENAR reported the case to the Human Rights Committee United Nations (UN) for the violation of human rights LNP enshrined in Articles 2, 3, 7, 14, 17 Inc.1, 24 and 26 of the International Covenant on Civil and Political Rights. In addition, violations of articles 1, 2, subsections c and d, 5 paragraph 1 of the Convention on the Elimination of All Forms of Discrimination against Women, Articles 3, 4 paragraphs. a, b, c, d, e, f, g, 7, subparagraphs a, b, f and g, 8 sections b, c, and 9 of the Convention on the Prevention, Punishment and Eradication of Violence against Women and Articles 1, 5 Inc.1 and 2, 7, 8, Inc.1, 11 inc. 2 and 3 and 24 of the American Convention on Human Rights.
Following the complaint, the local government of El Chaco, issued a report which clears and recognizes violations and INADI (National Institute against Discrimination, Xenophobia and Racism) and the Ministry of Human Rights issued a favorable opinion to repair the victim, family and community.
Today, April 23 at 11 am, as part of the reparations agenda will be held an act of symbolic reparation which provides for the concurrence of the highest authorities of the three branches of the provincial government, senior officials of the Executive Branch authorities, government agencies and indigenous non-governmental, so be expressed publicly the apology to LNP, your family, and Indigenous Peoples by the Human Rights violations committed in the case by reading among others, document recognition International Responsibility assumed by Argentina.
CLADEM, INSGENAR held in conjunction with this event that starts the implementation of restorative agenda, demonstrating the willingness expressed by this act against LNP, a case that illustrates the situation of many women victims of sexual violence who have been discriminated against by the system of justice and violated their rights, hoping that justice will not remain only an intention of the state, but becomes a reality for all women, who invoke respect for the right to live free of violence.
international litigation
CLADEM
23/04/1909
CLADEM
Advisory Council: Carmen AntonySusana Chiarotti
Graciela Dufau * María Antonia Martínez Julieta MontañoSilvia
Pimentel Ana Tamayo Roxana VásquezCristina RiveraGiulia Zurutuza
* In Memoriam
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