The research process for this report faced various challenges. The most difficult
part was persuading female military personnel who were victims of sexual violence to
share their testimonies. There were also numerous obstacles in tracking the judicial
follow-up of cases involving high-ranking military officers accused of sexual
crimes, due to the secrecy that prevails within the Armed Forces.
From the outset, approximately twenty women who had reported being victims of some
form of gender-based violence were contacted and invited to be interviewed. Although
conversations were held with at least twelve of them via email, text messages, and
social media, only six ultimately agreed to provide their testimonies—five of them
anonymously. The rest either stopped responding or declined to be interviewed due to
fears that their communications might be monitored or that they could be identified
and face retaliation against themselves or their families.
These six testimonies were crucial to understanding how the patriarchal hierarchical
structure operates to pressure, threaten, and silence women who decide to report the
abuses committed against them. They also helped identify the obstacles victims face
in seeking justice and the repercussions they endure after speaking out against
their perpetrators.
The testimonies of the six interviewees were supplemented with other documents, such
as complaints sent to the HAS office, disciplinary proceedings before the Internal
Control Body (known in Spanish as OIC), emails requesting assistance sent to various
institutions, screenshots of chat messages, and official records of medical and
psychological attention. Other documents included legal filings for injunctions,
court rulings, and ministerial statements found in judicial files. Some of these
materials were obtained through transparency requests, while others were sourced
from the Guacamaya leaks.
The investigation is also based on previously
unpublished data and documents obtained through the Freedom of Information Act,
including:
- Statistics on complaints and reports of sexual harassment and assault submitted
to the Office for Addressing Sexual Harassment, which is under the Directorate
General of Human Rights.
- Statistics on disciplinary proceedings handled by the Internal Control Body
(OIC) of the Ministry of Defense (known in Spanish as Sedena).
- Statistics on military personnel involved in investigations into sexual crimes
and on criminal cases processed by the Military Attorney General's Office.
- Statistics on case files with verdicts from military control courts, military
oral trial courts, and the Military Superior Court.
- Statistics and rulings from injunction proceedings handled by various judicial
bodies of the Federal Judiciary.
How were the disciplinary investigation files obtained?
Public versions of some of the complaints and reports that led to disciplinary
proceedings before the OIC were requested. Initially, the OIC provided documents
summarizing the reported incidents, redacting only victims' names and personal
information. However, when further documents were requested, the OIC refused to
deliver the rest. After winning several appeals before the National Institute for
Transparency (known in Spanish as INAI), which ordered Sedena to release the files,
the agency provided illegible documents. Faced with this obstacle, the decision was
made to search for these files in the Guacamaya leaks, where some of the complaints
were found using the disciplinary procedure codes previously obtained through
information requests.
This strategy allowed access to approximately fifty complaint documents submitted to
the OIC and the HAS office. Reviewing these documents helped identify various modus
operandi, including threats to dissuade victims from filing complaints or pressuring
them to leave the institution. Some of these cases were selected to illustrate the
sexual and gender-based violence that women face. To avoid further risk or
vulnerability for the complainants, information that could identify or re-victimize
them was carefully excluded.
How were the judicial case files obtained?
Requests for case files with rulings on military personnel implicated in sexual crime
investigations were submitted via transparency requests to several Sedena agencies,
including the Military Attorney General's Office, regional military courts, and the
Military Justice Tribunal. However, Sedena refused to release them. As a result, the
documents were searched for in the Guacamaya leaks and cross-referenced with
information from various courts and tribunals of the Federal Judiciary, which had
received dozens of cases seeking legal protection through injunctions.
Reading these judicial rulings revealed the difficulties victims faced in seeking
justice, such as being prevented from seeing a doctor to certify their health after
an assault and the sexist arguments military judges used to justify verdicts that
ignored gender-sensitive legal standards.
Using the statistical data provided, several databases were created to present a
comprehensive overview, including previously unpublished figures from 2013 to 2024,
of the administrative and criminal processes triggered by sexual violence
complaints. Moreover, the detailed accounts from the complaints and the victims'
testimonies reveal a bleak and largely unknown scenario of gender-based violence
within various military facilities, where the perpetrators are mostly high-ranking
officers.
Sedena's protocol for addressing sexual harassment cases was also reviewed, along
with the role of the institutions responsible for supporting victims. The analysis
and interviews revealed that there is no standardized procedure—only a fragmentation
of responsibilities that hinders access to justice.