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SUMMARIES OF JURISPRUDENCE Gender-based Violence Centro por la Justicia y el Derecho Internacional Center for Justice and International Law Centro pela Justiça e o Direito Internacional Pemonton Kowantok Wacüpe Yuwanin Pataset Summaries of Jurisprudence / Gender-based Violence Compiled by Liliana Tojo Center for Justice and International Law - CEJIL, 2010. 416 p.; 24 x 17 cm. Reproduction of the contents of this publication is authorized as long as the source is quoted. Compilation: Liliana Tojo Compilation Assistant (Spanish edition): Claudia M. Martínez Compilation Assistants (English edition): Anne Bigot (volunteer) Pilar Elizalde Translation Team (Spanish edition): Carla Goretti (intern) Nancy V. Piñeiro (intern) Guillermo A. Tóffolo (intern) Edition, editorial and cover design: Folio Uno S.A. The Center for Justice and International Law (CEJIL) is a non-governmental, non- profit organization with consultative sta- tus before the Organization of American States (OAS), the Economic and Social Council of the United Nations (ECOSOC- UN), and the African Commission on Human and Peoples’ Rights. SUMMARIES OF JURISPRUDENCE Gender-based Violence CEJIL´S WORK IS POSSIBLE THANKS TO THE GENEROUS CONTRIBUTION OF THE FOLLOWING SUPPORTERS: Dan Church Aid Diakonia Foundation to Promote Open Society (FOSI) HIVOS Ministry of Foreign Affairs of Norway Ministry of Foreign Affairs of the Kingdom of Denmark Misereor National Endowment for Democracy Save the Children - Sweden The Ford Foundation The John D. and Catherine T. MacArthur Foundation The John Merck Fund The Moriah Fund The Oak Philanthropy The Sigrid Rausing Trust United Nations Development Fund for Women (UNIFEM) – Regional Offi- ce for Brazil and the Southern Cone United Nations Voluntary Fund for Victims of Torture W. K. Kellogg Foundation And individual and private donors who wish to remain anonymous. This book was produced under the support provided by the United Na- tions Development Fund for Women (UNIFEM) – Regional Office for Bra- zil and the Southern Cone through the Projects 080/2008 and 052/2009 This book was partially supported by FPOS (Foundation to Promote Open Society) PRESENTATION In 2009 the Center for Justice and International Law (CEJIL) introduced the series Tools for the Protection of Human Rights, organized in themes, with the goal to facilitate hu- man rights defenders access and utilization of the standards of national and international jurisprudence. The first of these Summaries of Jurisprudence addresses the Principles of Equality and No Discrimination. On this occasion, CEJIL is proud to present a new volume -Summaries of Jurisprudence. Gender-based Violence- which includes a selection of decisions from international organs of protection of human rights related to the protection of women victims of violence. This work is the result of an exhaustive research on the Judgments, Reports and Deci- sions of the Inter-American Court of Human Rights and Inter-American Commission on Human Rights, the European Court of Human Rights, the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the former Yugoslavia, the Special Court for Sierra Leone and the Committee on the Elimination of Discrimination against Women. This volume of international standards provides a solid jurisprudential research body and it presents a wider panorama of women’s reality in very different contexts revealing the indisputable persistence of gender-based violence in the world, in spite of the advances in the normative field. Moreover, it is necessary to emphasize that the selected cases are some of the most paradigmatic ones among those which, to date, have motivated some type of response from human rights protection systems. We would like to recognize the initiative and work of Liliana Tojo, Program Director for Bolivia and the Southern Cone, who led this compilation. We are especially grateful to the team of collaborators involved in this project: Ryan Shanovich, John Yandell, Ekate- rina Porras Sivolobova and Chelsea Sharon who, as members of the internship program, contributed to the selection and editing of the texts; to Silvia Firmenich and Maria Luisa Coduras, teachers of the I.E.S. en Lenguas Vivas “Juan Ramón Fernández” in Buenos Ai- res (Argentina) who promoted an institutional agreement of internships allowing Nancy V. Piñeiro, Guillermo A. Tóffolo and Carla Goretti to conduct their practicum experiences with CEJIL, translating some of the texts included in this volume; and to Julieta Di Corleto who provided encouragement during the preliminary drafts of this initiative. Finally, we want to recognize the contribution of the United Nations Development Fund for Women, (UNIFEM) - Regional Brazil and Southern Cone, for the advancement of this project. We hope that it will be a useful tool which contributes to the defense of human rights and to the eradication of violence against women, one of the more tolerated and silen- ced human rights violations. Viviana Krsticevic Executive Director Table of Contents Summaries of Jurisprudence on Gender-based Violence TABLE OF CONTENTS: SUMMARIES OF JURISPRUDENCE ON GENDER-BASED VIOLENCE I) JUDGMENTS OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS Miguel Castro-Castro Prison v. Peru – Merits, Reparations and Costs November 25, 2006 1 González et al. v. Mexico (“Cotton Field”) – Preliminary Objection, Merits, Reparations and Costs - November 16, 2009 23 “Las Dos Erres” Massacre v. Guatemala – Preliminary objection, Merits, Reparations and Costs - November 24, 2009 63 II) DECISIONS OF THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS Raquel Martín de Mejía v. Peru 71 Case Nº 10.970 - Report Nº 5/96 – March 1, 1996 X and Y v. Argentina 81 Case Nº 10.506 – Report Nº 38/96 – October 15, 1996 María Eugenia Morales de Sierra v. Guatemala 93 Case Nº 11.625 - Report Nº 4/01 – January 19, 2001 Ana, Beatriz and Celia González Pérez v. Mexico 107 Case Nº 11.565 - Report Nº 53/01 – April 4, 2001 Maria da Penha Maia Fernandes v. Brazil 127 Case Nº 12.051 - Report Nº 54/01 – April 16, 2001 III) JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS Open Door and Dublin Well Woman v. Ireland - Application 137 Nº 14234/88 and 14235/88 – Judgment October 29, 1992 Aydin v. Turkey 145 Application Nº 23178/94 - Judgment September 25, 1997 Jabari v. Turkey 155 Application Nº 40035/98 - Judgment July 11, 2000 Y. F. v. Turkey 161 Application Nº 24209/94 - Judgment July 22, 2003 M. C. v. Bulgaria 165 Application Nº 39272/98 - Judgment December 4, 2003 Siliadin v. France 175 Application Nº 73316/01 - Judgment July 26, 2005 Tysiąc v. Poland 191 Application Nº 5410/03 - Judgment March 20, 2007 Bevacqua and S. v. Bulgaria 203 Application Nº 71127/01 - Judgment June 12, 2008 Salmanoğlu and Polattaş v. Turkey 211 Application Nº 15828/03 - Judgment March 17, 2009 Opuz v. Turkey 219 Application Nº 33401/02 – Judgment June 9, 2009 IV) JUDGMENTS OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA Prosecutor v. Jean-Paul Akayesu 243 Case Nº ICTR-96-4-T - Judgment September 2, 1998 Prosecutor v. Laurent Semanza 259 Case Nº ICTR-97-20-T - Judgment May 15, 2003 Prosecutor v. Mikaeli Muhimana 269 Case Nº ICTR-95-1B-T - Judgment April 28, 2005 V) JUDGMENTS OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA Prosecutor v. Delalić et al. - Čelebići 277 Case Nº IT-96-21-T - Judgment November 16, 1998 Prosecutor v. Anto Furundžija 293 Case Nº IT-95-17/1-T – Judgment December 10, 1998 Prosecutor v. Kunarac et al. - Foča 309 Case Nº IT-96-23-T & IT-96-23/1-T - Judgment February 22, 2001 VI) JUDGMENTS OF THE SPECIAL COURT FOR SIERRA LEONE Prosecutor v. Sesay et al. 333 Case Nº SCSL-04-15-T - Judgment March 2, 2009 VII) DECISIONS OF THE COMMITTEE ON THE ELIMINATION OF DISCRIMINATION AGAINST WOMEN (CEDAW) A. T. v. Hungary 351 Communication Nº 2/2003 – Views adopted on January 26, 2005 A. S. v. Hungary 359 Communication Nº 4/2004 - Views adopted on August 14, 2006 Şahide Goekce (deceased) v. Austria 367 Communication Nº 5/2005 - Views adopted on August 6, 2007 Fatma Yildirim (deceased) v. Austria 375 Communication Nº 6/2005 - Views adopted on August 6, 2007 Inter-American Court of Human Rights Miguel Castro-Castro Prison v. Peru Merits, Reparations and Costs Judgment of November 25, 2006 […] I. INTRODUCTION OF THE CASE 1. On September 9, 2004, pursuant to that stated in Articles 50 and 61 of the Amer- ican Convention, the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) submitted an application against the State of Peru (hereinafter “the State” or “Peru”) to the Court. Said application originated from petitions No. 11,015 and 11,769, received at the Commission’s Secretariat on May 18, 1992 and June 5, 1997, respectively. 2. The Commission submitted the petition for the Court to decide if the State is respon- sible for the violation of the rights enshrined in Articles 4 (Right to Life) and 5 (Right to Humane Treatment) of the American Convention, in relation to the obligation established in Article 1(1) (Obligation to Respect Rights) of the same, in detriment of “at least 42” in- mates that died; the violation of Article 5 (Right to Humane Treatment) of the Convention, in relation to the obligation established in Article 1(1) (Obligation to Respect Rights) of the Convention, in detriment of “at least 175” inmates that were injured and of 322 inmates “that having resulted [allegedly] uninjured were submitted to a cruel, inhuman, and de- grading treatment;” and for the violation of Articles 8(1) (Right to a Fair Trial) and 25 (Right to Judicial Protection) of the Convention, in relation to the obligation established in Article 1(1) of the same, in detriment of [the [alleged] victims and their next of kin.” Gender-based Violence Gender-based 3. The facts presented by the Commission in the application occurred as of May 6, 1992 and they refer to the execution of “Operative Transfer 1” within the Miguel Castro Castro Prison, during which the State, allegedly, caused the death of at least 42 inmates, injured 175 inmates, and submitted another 322 inmates to a cruel, inhuman, and de- grading treatment.

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