30
with its obligation to ensure the right to life of the victims “by adopting measures to
prevent their murders, thus violating [A]rticle 4 of the American Convention, in
connection to [A]rticles 1(1) and 2 [thereof].” It also asked the Court “to find that the
State failed in its obligation to act diligently to prevent, investigate and punish the acts
of violence suffered by [the victims] in violation of Article 7 of the Convention of Belém
do Pará.” Lastly, it maintained that the State had failed to comply with its obligation to
conduct an effective and adequate investigation into the disappearances and
subsequent deaths of Mss. González, Herrera and Ramos, in violation of Articles 8, 25
and 1(1) of the American Convention. According to the Commission, “[d]espite the fact
that six years have passed, the State has not made any progress in the clarification of
the facts or regarding who are the responsible parties.”
110. The representatives concurred with the Commission and also alleged that “the
State’s failure to protect the human rights of the victims refers to the right to life, but
also to the right to humane treatment and to personal liberty, directly related to the
right to due process.” They indicated that “the failure of the authorities to act or react
to the reports of disappearances, not only facilitated the victims’ murders, but also the
deprivation of their liberty and torture, despite the known situation of risk for women.”
111. Despite acknowledging “the serious nature of these murders,” the State denied
that it had committed “any violation” of the rights to life, humane treatment and
personal liberty. According to the State, neither the Commission nor the
representatives “had proved that State agents were in any way responsible for the
murders.” In addition, it argued that, during the second stage of the investigations into
the three cases starting in 2004, “the irregularities were fully rectified, the case files
were reactivated and the investigations were started up again on a scientific basis, and
even with international support.” According to the State, “impunity does not exist. The
investigations into the cases are still open and measures are still being taken to
identify those responsible.”
112. This difference of opinion requires the Court to examine the context of the facts
of the case and the conditions in which said facts can be attributed to the State, thus
entailing its international responsibility derived from the alleged violation of Articles 4,
5 and 7 of the American Convention, in relation to Articles 1(1) and 2 thereof, and of
Article 7 of the Convention of Belém do Pará. Furthermore, despite the State’s
acquiescence, it is still necessary to determine the nature and severity of the violations
that occurred with regard to Articles 8(1) and 25(1) of the Convention, in relation to
Articles 1(1) and 2 of this treaty, and Article 7 of the Convention of Belém do Pará. To
this end, the Court will now make the pertinent factual and legal findings, examining
the State’s obligations of respect, guarantee and non-discrimination.
1.
Context
1.1.
Ciudad Juárez
113. Ciudad Juárez is located in the north of the state of Chihuahua, on the border
with El Paso, Texas. It has a population of more than 1.2 million inhabitants,63 and is
an industrial city – where the “maquila industry” (manufacturing and/or assembly
plants, hereinafter referred to as “maquila,” “maquiladora” or “maquilas”) has
63
Cf. Radiografía Socioeconómica del Municipio de Juárez prepared by the Municipal Research and
Planning Institute, 2002 (case file of attachments to the answer to the application, volume XXV, attachment
2, folios 8488 to 8490, 8493, 8495 and 8510).
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