Sergia Galván of the Colectiva Mujer y Salud has issued a press release about a child victim of gang rape whose only imprisoned attacker was released this week. Due to the serious nature of this crime the English version translated by Ilana Benady is presented unexpurgated:

'Last 21 February (2007) an abominable event took place in the municipality of Mella, in Independencia Province, (South-Western Dominican Republic) in which a 12-year old girl was brutally and repeatedly gang-raped by individuals who have been named as Juan Carlos Cuevas, Ernesto Pérez alias “Meneo”, Juan de la Rosa Urbàez, Manuel E. Marmolejos, Tirson Vásquez Mancebo, alias “Chita” or “Patricio”, and others who were only identified as “the mutes” “Guandul”, “Chinito” and “Villita’s son”. Pastora Miguelina Cuevas, the only person in town concerned about the victim, hadn’t seen the girl for a couple of days and decided to look for her. She found her lying on the floor, bleeding, naked, with a piece of cloth between her legs, in a state of shock and with multiple lesions, bruises and bites all over her body.

 The girl told her she had been anally and vaginally raped for two days and that she couldn’t walk, so Cuevas lifted the girl in her arms, carried her home and bathed her. Cuevas then took her on a public bus to the Justice of Peace in Mella, from where she was taken to the hospital in Duvergé, from where they sent her to the hospital in Jimaní without giving her the treatment she needed. When she arrived in Jimaní, the legal doctor on call sent her back to the District Attorney to apply for a warrant for a legal medical examination. She was then sent to the hospital for the examination and returned to the DA, who sent her to the juvenile judge with the medical certificate, where she was subjected to an intense interrogation, which was mismanaged and confused, and during which the girl fainted. Only then was she taken to the Duvergé hospital where she was taken to emergency and hospitalised for 7 days due to her appalling state of health.

The Women’s and Health Collective became aware of the case when one of the victim’s relatives took her to our Integrated Health Services Centre (CESIN) several months ago, and we began to deal with the case. In the course of our investigations we discovered that her sister, who is five years younger than her, had also been abused, but this case was never prosecuted because the examination carried out by the Forensic Pathology Institute found that she had not been raped, despite the conclusions of medical, psychological and psychiatric tests carried out by the WHC, which found that the child had been sexually violated. The case remains unpunished. Following the process, the girl has suffered from insomnia, sleep disorders, anxiety, sadness, cries frequently, suffers from constant vaginal discharge and serious emotional disturbances. At the hearing scheduled for yesterday 21 February to hear the sentencing, no discussions took place and no evidence was presented, and the collegiate tribunal judge panel headed by Judge Juan Francisco Carvajal Cabrera, together with judges Nicio Antonio Medina Figuereo and Alejando Montilla Ramírez, made the arbitrary and inexplicable decision to release the only assailant in custody.

The Women’s and Health Collective (WHC), and the girl’s relatives and defence lawyers, raise our voices in protest against the release of the only prisoner of the seven accused of these deeds which have shocked the entire frontier region. It arouses strong suspicions of negligence, complicity and obfuscation on the part of the legal authorities, judges and even the police due to the way in which this case has been handled, which in no way can allow to remain unpunished. There is no explanation as to why, one year after this incident, the justice system has not been able to manage the process properly, despite having collected evidence and with a confession from one of the accused in hand, as well as the medical, psychological and psychiatric examination reports that confirm that these criminal acts took place. We also can’t understand how one of the accused was able to escape from custody while being held at the Jimaní police station, and why he hasn’t been re-arrested since.

We believe that the Attorney General of the Dominican Republic Radhamés Jiménez Peña, the Deputy Attorney General for Children and Young People, Chief Justice Jorge Subero Isa and the National Police chief, need to carry out urgent investigation into the actions of the judicial authorities in Mella and Jimaní because of the grave errors committed during this process. We believe that these actions by the judicial authorities are frequent in these areas, and for this reason attention needs to be given to the way they are interpreting the Penal Code and laws 24-97 and 136-03. We believe that the legal authorities should compensate and protect the girl who was repeatedly raped and ensure the correct application of justice in this case and in similar cases that have not been adequately penalised in this jurisdiction.

Under no circumstances will we allow impunity to prevail when there is so much evidence. For this reason we announce that we will appeal against the sentence issued by the collegiate tribunal that alleged that the aggressor’s constitutional rights were being violated, because the secretary of the tribunal had not fulfilled the obligation to notify him of the accusation. The tribunal also claimed erroneously that the higher interest of the child was only valid in cases of parental conflict. We also demand a public explanation from CONANI for their negligence and lack of response to the events despite being aware of the situation. We also call on World Vision to investigate the role of one of their lawyers who acted as a defence lawyer for the aggressor who was set free, and who ironically is also a defence lawyer for World Vision, working with children and young people who have been raped in the province of Jimaní.

We are issuing a public demand in the presence of the national and international communications media for the state to intervene, to ensure that:

·        Not even one more rape should be tolerated,

·        The only one of the seven aggressors should not remain free and that his flight should be prevented,

·        All seven aggressors are sent to justice,

·        The case should be reopened

·        The aggressor who is a fugitive should be pursued and arrested,

·        All the officials and police officers involved should be investigated and removed from their posts,

·        The witness in the case, who has been threatened on a number of occasions, should be given protection measures

·        An investigation into the mother’s death should be launched,

·        The penal process in relation to the rape of her eight-year old sister should be launched as well.

We will use all the available resources in our country; otherwise we will feel obliged to take it to the international Human Rights bodies. Lastly, we call on all the international and national human right organisations to remain on alert about the incidents and violations exposed in our declaration!'

There is also a video clip at the first link below and some interesting readers' letters on Periodico 7 Dias at the third link:

http://www.listin.com.do/app/article.aspx?id=49131

http://www.hoy.com.do/article.aspx?id=142963

http://www.7dias.com.do/app/article.aspx?id=19019&commentMode=true#comments

http://www.diariolibre.com/app/article.aspx?id=137195