Ines Fernandes Ortega v. Mexico

Ines Fernandes Ortega, an Indigenous woman who was raped by a member of the Mexican military, filed a claim centered on the State's failure to provide her with adequate medical and legal services after the incident. Ortega also alleged that the military's investigation of her case had been ineffective, as it had progressed little over the course of eight years. The Ortega case is noteworthy primarily for its discussion of rape as a form of torture under the Inter-American Convention to Prevent and Punish Torture, as well as its attempt to analyze the case taking into account the victim's multidimensional identity as an Indigenous woman living in a marginalized community. The Court also found that the State was responsible for violating Articles 5 and 11 of the Convention in relation to Article 1(1), Articles 1, 2, 6, 8 and 25 of the Inter-American Convention to Prevent and Punish Torture, and Article 7(a) of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women. One of the key holdings in Ortega is that rape never bears a link to military discipline, and that it will always be inappropriate for the military to assume jurisdiction over investigations of incidents of sexual violence.