Communication No. Subject matter: Discrimination against a girl of indigenous origin who was a victim of rape. Articles of the Covenant: Article 2, paragraph 3; article 3; article 7; article 14, paragraphs 1 and 5; article 17; article 24; article 26 Articles of the Optional Protocol: Article 2 and article 5, paragraph 2 b On 18 July , the Human Rights Committee adopted the annexed text as its Views under article 5, paragraph 4, of the Optional Protocol in respect of communication No.
The author of the communication is Ms. The Optional Protocol entered into force for the State party on 8 November On 3 October , soon after the author had turned 15 years of age, she was sexually assaulted by three young Creoles 3 aged between 17 and 20 years. The author asserts that, on the evening of that date, she was called over by the three young men, with whom she was acquainted, in the village square and taken behind the church that gave onto the square, where she was forced by the eldest of the three, assisted by the other two, to practice oral sex, after which she was subjected to anal penetration.
According to the author, the aggressor covered her mouth when she tried to scream and pinned her against the wall holding her arms, while the other two hid the scene with their jackets. When she arrived there, the author recounts that she was kept waiting again for several hours, standing up, before she was attended to. At around 4 a. The medical report states that anal injuries were found which tallied with the violent assault that had occurred between 30 and 40 minutes prior to the examination.
The author draws attention to the discrepancy between the time at which she was attended in the medical centre โ approximately 4 a. The author argues that this was an attempt to show that she was treated immediately, whereas, in actual fact, she was kept waiting for hours both in the police station and at the medical centre.
Nevertheless, a judicial investigation was ordered; the three aggressors were arrested and the author was subjected to a forensic examination on 7 October. The report of the forensic physician of 7 October corroborated the conclusion of the medical report issued on 4 October.
