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On the afternoon of this Monday, during a hearing in the disciplinary trial against the soldiers Juan Camilo Morales Poveda, Yair Stiven González, José Luis Holguín Pérez, Juan David Guaidia Ruiz, Óscar Eduardo Gil Alzate, Deyson Andrés Isaza Zapata and Luis Fernando Mangareth Hernández for the rape of a 12-year-old Embera Katío girl, the Attorney General’s Office heard the testimony of Campo Elías Ochoa, the forensic doctor who assessed the minor after the events.
Ochoa, who has been working in Legal Medicine for 23 years, said to begin with that when she assessed the minor she had normal warning signs, adequate memory, no changes in her mood and that she narrated what happened in Spanish.
(Read also: Three witnesses in case of embera girl refuse to speak due to threats)
The doctor went on to say that He had no traumatic lesions on his skin, or in his intimate area. He added that no signs of sexually transmitted diseases were found.
Faced with a question from the prosecutor in the case, Herman Rincón, whether the fact that there were no injuries in the intimate area, particularly in the hymen, constitutes an element that could distort a violation, the coroner replied that it neither distorts it nor does it confirm.
The story that the girl told the forensic doctor
The doctor said that before starting the physical examination, he asked the girl some questions, alone, so that she would feel more comfortable answering them, as is usually done in those cases.
The girl told him what happened on Sunday, June 21, around 6 pm near the La Granja school in the Santa Cecilia district, in Pueblo Rico, Risaralda. The doctor read his story verbatim:
“In the morning I went to school to pick guavas, at about 6 pm the commander told me to go home, I was going home but a soldier called me down, His name is Juan, I went to where he was and he started touching me, I told him I didn’t want to and he started doing things to me, “said the minor, after noting that despite her opposition she was sexually abused by the uniformed man.
And he continued: “After a while the other soldiers arrived, there were 9 people, they all had a soldier’s uniform, I could only see the faces of 3 of them, as it was dark I couldn’t see very well. When one finished, the other followed. All 9 did. One of them covered my mouth so I wouldn’t scream, they told me not to tell anyone that it was a secret. “
In her story, the minor said that in the middle of the events she told the first soldier that her legs hurt, and he released her, but that when the others sexually abused her, she repeated that her legs hurt and they ignored her.
He added: “When they finished they told me not to go home and they made me a tent so that I could go to bed to sleep, it was around 8 at night. Around 5 in the morning I woke up and a soldier He is a friend of mine, he did nothing to me, he accompanied me to my house, I did not go in because I was afraid that my mother would scold me, then my sister and my niece saw me and asked me what I was doing and I told her everything. Then to my mom. So we went to where the soldiers were and I was able to identify only three of them because I hadn’t seen their faces on the others. The commander asked me some questions, whether what he said was true, and then they took me to the hospital. “
Faced with a question that the doctor asked her, if they had threatened her in any way or pointed weapons, the girl said no, that they simply told her not to tell anything about what happened.
(Further: Soldiers have called other soldiers to abuse an indigenous girl)
Other findings after the medico-legal examination
During the hearing, doctor Ochoa reported that the patient was 12 years old, and her appearance was consistent with that, and could not, as the prosecutor in the case asked, be seen as an 18 or 20-year-old woman.
He added that the examination took samples of both her vagina and intimate garments to be sent to a laboratory, in order to detect if there was semen. Result that arrived a few days later confirming that this fluid was found on his body and clothing.
Cristian Valencia Flórez, the soldiers’ lawyer, asked the doctor if blood had been found in the minor since, according to what he said, she reported that she washed her underwear because it had blood. Ochoa replied that the examination did not find any type of injury that gave rise to bleeding, but that this could occur for other reasons, such as, for example, that the minor was menstruating.
He also asked the coroner if when he appraised the minor she cried or was in shock and if the girl had in her tone of voice signs that she had been screaming for help, for example, to which the doctor replied that he did not cry, that he is not an expert to determine if there was shock, and that he found no alteration in the voice or phonatory apparatus.
(You may be interested in: Witness for the rape of a girl Embera admits that he lied to the Prosecutor’s Office)
This Monday, one of the three witnesses requested by the soldiers’ lawyer was also questioned.
In the morning the three had stated that, due to threats against them, they were not going to give testimony, but in the afternoon the lawyer explained that one was already willing to do so, renounced the testimony of another, and explained that the third had sent a letter in which he said that due to threats he was not going to testify until he had no guarantees.
The witness who did speak was José Esaú Puertas Guiral, who said that he works as a contractor in the construction of roads, and that he had known the minor’s family for a long time, in fact, he said that he has two children with one of the girl’s sisters.
He explained that what he learned of the events is that her mother told him that they could not find the girl and that they went to look for her until around 9 pm in various paths. He added that the next day, around 10 am or so, they called him and told him that the girl had already appeared and that the soldiers had her.
Defense will file guardianship
Due to the fact that the defense renounced one of its witnesses, that the second appeared on Monday, and that the third, by way of the prosecutor of the case, had stated that he would not testify, the official terminated the evidentiary stage in the trial and summoned by October 30 at 1 pm to hear the final arguments of the parties, which are the last step before making the decision.
However, the soldiers’ lawyer objected and said that the right to defense of the uniformed men was being violated since, he said, the second witness did not say that he was not going to speak, but that he would do so when he had the protection he should give you the status.
Added that the attorney was arbitrarily ending the hearing, and announced that he would file a guardianship for the alleged violation of rights of his defendants and said that if by October 30 that appeal has not been resolved, he would request the nullity of the process.
Other Justice notes that may interest you:
–Disciplinary Chamber of the Judiciary orders to return property of the ‘Twin’
–Uribe’s freedom appeal will be decided on November 6
–After Aníbal Gaviria’s freedom, the Prosecutor’s Office continues to investigate
JUSTICE
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