57
Herrera. On November 7, 2001, nearby in the same cotton field, the bodies were found
of another five women,235 who are not considered alleged victims in this case, for the
reasons set out in the Court’s order of January 19, 2009.236
210. The Commission and the representatives stated that the bodies of Mss. Herrera,
González and Ramos had been subjected to particular brutality by the perpetrators of
the killings. The representatives added that “[t]he way in which the bodies [of the
three victims] were found suggests that they were raped and abused with extreme
cruelty.”
211. The State alleged that the autopsy report concluded that “it was not possible to
observe the initial conditions of the bodies (post-mortem rigor and livor mortis) owing
to the passage of time and the actions of the environment on them, which implied that
the degree of decomposition was so great that it prevented detailed scientific analysis
and, therefore, establishment of the cause of death.” Mexico emphasized that the
“state of decomposition of the bodies (a natural phenomenon that could not be
attributed to it)” prevented “determining the cause of death.” Furthermore, it indicated
that the “first measure taken by the Attorney-General’s Office was to determine the
nature of the deaths, taking into consideration the conditions in which the bodies were
found.”
212. The evidence provided reveals that, on November 6, 2001, the day on which
the bodies of the three alleged victims were found, the official record of the removal of
the bodies was drawn up,237 together with an affidavit (fe ministerial) on the place and
the bodies.238 In addition, the autopsies were performed, and the respective reports
235
Cf. attestation of evidence issued by an official of the Public Prosecutor’s Office attached to the
Office of the Special Prosecutor for the Investigation of the Murders of Women in Preliminary Investigation
file No. 27913/01/1501 of November 8, 2001 (case file of attachments to the pleadings and motions brief,
volume XIV, attachment 3, folios 4778 to 4783).
236
In the order, the Court indicated, inter alia:
40.
That […] the Commission issued admissibility reports with regard to […] only three victims
and their next of kin. […]
41.
That, following the adoption of the admissibility report, during the merits stage, the
representatives asked the Commission to rule on possible violations of the rights of the other
presumed victims found in the cotton field. In particular, they asked the Commission to process
these cases motu proprio and joinder them to the cases that were already underway, or that,
additionally, it consider the ANAD as a petitioner for the new presumed victims.
[…]
44.
That […] the Commission never referred to the requests of the petitioners […]. The Court
observes that the representatives were only made aware of the Commission’s position three years
later, when the Court requested information on this issue.
[…]
46.
That, since, in the case of the new presumed victims alleged by the representatives, all the
necessary procedural stages had not been conducted to allow the Commission to include them in its
report on merits, the Court must reject the request to include María de los Ángeles Acosta Ramírez,
Guadalupe Luna of the Rosa, Mayra Juliana Reyes Solís, Verónica Martínez Hernández, Bárbara
Aracely Martínez Ramos, María Rocina Galicia Meraz, Merlín Elizabeth Rodríguez Sáenz and the
woman who is still unidentified female 195/01, as well as Víctor Javier García Ramírez, Gustavo
González Meza and Edgar Álvarez Cruz, as presumed victims in the instant case. […]
237
238
Cf. Records of the removal of a body, supra note 234, folios 2672 to 2683.
Cf. affidavit (fe ministerial) concerning the place and the bodies made by an official of the
Chihuahua Public Prosecutor’s Office and two assisting witnesses on November 6, 2001 (case file of
attachments to the application, volume IX, attachment 33, folios 2661 to 2667).
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