45
taken root which facilitates and encourages terrible violations of human rights,” and
the United Nations Office for Drugs and Crime indicated that the diverse and complex
factors of the criminal phenomenon in Ciudad Juárez “had tested a system that was
insufficient, which has been manifestly overwhelmed by the challenge of crimes for
which it was unprepared, resulting in an institutional collapse that has determined the
general impunity of those responsible for the crimes.”155
159. The Tribunal observes that the various reports include different figures for the
cases of murders of women in Ciudad Juárez.156 According to the official figures
provided by the State, which were not contested by the other parties, of 379 cases of
murders of women in Ciudad Juárez between 1993 and 2005, 145 had been tried with
judgments convicting the accused by 2005;157 this represents around 38.5%. The
State also provided the Court with a list of 203 final judgments concerning murders of
women up until September 2008; of these, 192 are judgments convicting the
accused.158 In this regard, the Court observes that the State did not provide
information on the global number of killings up until 2009, or any evidence with regard
to its assertions that, in 2008, 41.33% of the murders of women had been resolved by
a jurisdictional body and 3.92% by the Juvenile Court.
160. Regarding the judgments, specifically the sentences imposed on individuals
responsible for intentional murder, the Special Prosecutor’s Office observed in its 2006
report that they averaged no more than 15 years’ imprisonment, even though most of
the killings were committed with aggravating circumstances and that this:
may have been owing to a judicial policy that must be duly reviewed by the Judicial Branch
of the State, or to the fact that the Public Prosecutor’s Office within the ordinary jurisdiction
did not take all the necessary measures to provide the judges with elements enabling them
to punish those responsible more severely.159
161. A related aspect included in the reports is that there are fewer judgments, and
the punishments are less, in cases of murders of women with sexual elements. On this
point, according to figures that the State provided to the Inter-American Commission,
of 229 cases involving the murder of women between 1993 and 2003,160 159 were
cases with non-sexual motives and, of these, 129 had “concluded”, while of 70 cases of
murders of women with a sexual motive, only 24 had “concluded.”161 It is important to
155
Report of the United Nations Commission of International Experts, supra note 76, folio 1869.
156
Cf. IACHR, The Situation of the Rights of Women in Ciudad Juárez, supra note 64, folio 1734;
Report of the Special Rapporteur on violence against women, supra note 64, folio 2012, and CNDH,
Recomendación 44/1998, supra note 72, folio 2232.
157
Cf. Office of the Special Prosecutor for the Investigation of Crimes related to the Murders of Women
in Ciudad Juárez, Informe Final, supra note 87, folios 14617 to 14651.
158
Cf. files of 203 cases of murders of women committed in Ciudad Juárez, in which a final judgment
has been handed down, September 2003 (case file of attachments to the final written arguments of the
State, volume XLIX, attachment 6, folios 17347 to 17400).
159
Office of the Special Prosecutor for the Investigation of Crimes related to the Murders of Women in
Ciudad Juárez, Informe Final, supra note 87, folio 14612.
160
It should be noted that there are inconsistencies between the global figures, because according to
the final report of the Special Prosecutor’s Office, up until 2003 there had been 328 cases of murders of
women in Ciudad Juárez (Office of the Special Prosecutor for the Investigation of Crimes related to the
Murders of women in Ciudad Juárez, Informe Final, supra note 87, folio 14646).
161
Cf. Attorney General’s Office of the state of Chihuahua, Special Prosecutor’s Office for the
Investigation of Murders of Women, Ciudad Juárez, 2003. Attachments to the fourth monthly report of the
State to the Inter-American Commission on Human Rights of February 17, 2003 (case file of attachments to
the answer to the application, volume XLII, attachment 75, folio 15446).
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