Position of National Human Rights Commission (CNDH) in the case of Ernestina Ascencio Rosario
Examination of recommendation 34/2007 regarding the human rights violation of Ernestina Ascencio
In the facts reported to the Inter-American Commission on Human Rights (IACHR) and indicated in this admissibility report (No. 144/17) on the petition for action regarding the violation of the rights of Mrs. Ernestina Ascencio, it describes that she was a 73-year-old Náhuatl indigenous woman, who on February 25, 2007 was allegedly raped and sexually assaulted by members of the Army’s 63rd Infantry Battalion, who the night before had set up a camp near her home. Her relatives found her seriously injured 300 meters from the camp and, before losing consciousness, she identified the soldiers as her assailants. Although several attempts were made, they were unable to access nearby medical centers and, after 10 hours, they were admitted to the regional hospital in Río Blanco, which did not have translators who could provide proper care to Mrs. Ernestina.
On March 13, the acting President of the Republic stated that Ernestina Ascencio died of “chronic gastritis”, and on March 29 the CNDH endorsed this version, through communiqué 046/2007, indicating the causes of death: “There is histopathological data indicative of acute anemia due to gastrointestinal tract bleeding secondary to acute peptic gastric ulcers in a person who had a malignant hepatic neoplasia and a pneumonic process in the resolution stage”; denying the violation: “The non-existence of tears in the vaginal region of the deceased is noted; and discarding, likewise, the existence of a rectal perforation”, as well as the skull fracture: “The studies confirm the non-existence of cranioencephalic trauma, fracture and dislocation of cervical vertebrae”.
Considering the exposed and the unquestionable commitment of this National Human Rights Commission with the victims, the president, Mrs. Rosario Piedra Ibarra, has determined to initiate the examination of Recommendation 34/2007, and specifically the facts referred to regarding the serious and multiple violation of the human rights of Ernestina Ascencio Rosario, from the highest binding standards in the matter, with a perspective of inclusion (gender, age, ethnic, multicultural) and with strict adherence to the applicable norms in the matter.
More information:
https://www.cndh.org.mx/sites/default/files/documentos/2021-03/COM_2021_061.pdf