41
and Dignidad Humana,132 the Comisión Mexicana de Defensa y Promoción de los
Derechos Humanos A.C,133 and several amici curiai submitted to the Court.134
143. In light of the preceding paragraphs, in the instant case the Court will use the
expression “gender-based murders of women,” also known as femicide.
144. In the instant case, the Tribunal finds that, bearing in mind the evidence and
the arguments about the evidence in the case file, it is not necessary or possible to
make a final ruling on which murders of women in Ciudad Juárez constitute genderbased murders of women, other than the murders of the three victims in this case.
Consequently, it will refer to the Ciudad Juárez cases as murders of women, even
though it understands that some or many of them may have been committed for
reasons of gender and that most of them took place within a context of violence
against women.
145. Regarding the deaths that occurred in the instant case, in the following sections
the Tribunal will analyze whether, based on the evidence provided by the parties, they
constitute gender-based murders of women.
1.7.
Investigation into the murders of women
146. According to the Commission and the representatives, another factor that
characterizes these murders of women is the failure to clarify them and the
irregularities in the respective investigations which, they consider, have given rise to a
climate of impunity. In this regard, the Tribunal takes note of the State’s
acknowledgement of “the commission of several irregularities in the investigation and
processing of the murders of women perpetrated between 1993 and 2004 in Ciudad
Juárez.” The State also regretted “the mistakes committed up until 2004 by public
servants who took part in some of these investigations.”
1.7.1.
Irregularities in the investigations and in the proceedings
147. Even though the State acknowledged that irregularities had been committed in
the investigation and prosecution of the murders of women between 1993 and 2003
(supra para. 20), it did not specify the irregularities it had found in the investigations
and the proceedings conducted over those years. However, the Court notes the
observations of the IACHR Rapporteur in this regard:
The Mexican State, for its part, recognizes that mistakes were made during the first five
years that it was confronted with these killings. It acknowledges, for example, that it was
not uncommon for the police to tell a family member attempting to report a girl missing that
they should return in 48 hours, when it was clear there might be something to
investigate. Both State and non-state representatives indicated that the authorities in Ciudad
Juárez would often dismiss initial complaints by saying the victim was out with a boyfriend
and would soon return home. The PGJE [Office of the Attorney General of the state of
132
Cf. Centro para el Desarrollo Integral de la Mujer and AC/Red Ciudadana de No violencia y Dignidad
Humana. Las Víctimas de Feminicidio en Ciudad Juárez. Informe del Estado de la Procuración de Justicia y el
Acceso a las Garantías Judiciales sobre feminicidios y mujeres desaparecidas en Juárez, 1993–2007. Report
to the Inter-American Commission on Human Rights, May 2007 (case file of attachments to the application,
volume IV, appendix 5 Vol. III, folios 544 and 555).
133
Cf. Comisión Mexicana de Defensa y Promoción de los Derechos Humanos A.C, Compendio de
recomendaciones, supra note 65, folio 6654.
134
Cf. Brief presented by the Global Justice and Human Rights Program of the Universidad de los
Andes, Colombia (merits case file, volume XV, folio 4416); brief presented by the World Organization against
Torture and TRIAL–Track Impunity (merits case file, volume VI, folio 2197), and brief presented by the Red
Mesa de Mujeres de Ciudad Juárez (merits case file, volume XV, folio 4290).
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