89
with organ trafficking.387 The crime of homicide continues to fall within the jurisdiction
of the state Attorney General’s Office (also referred to as the “PGJE” for its name in
Spanish).388
354. The Commission alleged that “when the Office of the Attorney General of the
Republic retained the case files in exercise of its right to jurisdiction (atraccion), there
was no procedural or investigative activity of any kind.” The representatives considered
that this line of investigation “was considered implausible,” “spurious”; that it had
“given rise to morbid curiosity and sensationalist journalism” and that, “after four
years, […] it had contributed nothing to the investigation of the [Cotton Field]
murders.” In addition, they stressed that “there was never any connection between the
federal preliminary investigation and the proceedings filed against [Mr. García and Mr.
González].”
355. The State alleged that, during the investigation into organ trafficking, “273
expert appraisals were prepared on forensic medicine, forensic genetics, identikit
pictures, social work, psychiatrics, graphoscopy, polygraphy, photography,
criminology, criminalistics, psychology, dactiloscopy, audio, forensic stomatology, facial
reconstruction, identification, compilations of newspaper Articles, inspection with a
binomial sensor, victimology, chemistry, and forensic anthropology. Moreover, 737
sworn statements before the Public Prosecutor’s Office (declaraciones ministeriales)
were taken, 246 inquiries were made of the Federal Investigation Agency, 2
international court hearings were attended, and 43 rogatory letters were issued to
support the Office of the Attorney General for Chihuahua.” It also indicated that “[t]he
material arising from the measures taken by the PGR [Office of the Attorney General of
the Republic] was incorporated into re-opened preliminary investigation No. 27913/011.”
356. Regarding the fact that the crime of homicide was not taken over by the federal
jurisdiction, expert witness Castresana Fernández indicated that “[a]ccording to the
integral investigation principle, the PGR [Office of the Attorney General of the Republic]
should have investigated the Cotton Field disappearances and murders.”389
357. The Tribunal observes that, although domestic legislation establishes the
possibility that federal authorities can consider crimes of ordinary jurisdiction when
they are related to federal crimes,390 that did not happen in this case.391 However, the
representatives did not argue why this runs counter to the obligation to guarantee
effective access to justice. In particular, it is unclear whether this is a faculty or and
obligation and how it affected the investigation. The fact that the representatives did
not provide sufficient clarification prevents the Court from making a ruling on this
allegation.
358. In relation to the results of the investigation into organ-trafficking, the Court
observes that, in 2007, some measures taken in that investigation were indeed
387
Cf. report of the Office of the Attorney General of the Republic, “Homicidios de Mujeres en Ciudad
Juárez, Chihuahua” (case file of attachments to the application, volume II, appendix 5, folios 184 to 216),
and Office of the Special Prosecutor for the Investigation of the Murders of Women in the Municipality of
Juárez, Chihuahua, Tercer Informe, January 2005 (case file of attachments to the answer to the application,
volume X, attachment 81, folio 3362).
388
Cf. Third report of the Special Prosecutor’s Office, supra note 387, folio 3363.
389
Testimony of expert witness Castresana Fernández, supra note 137, folio 2902.
390
Cf. Article 73 fraction XXI of the Political Constitution of the United Mexican States (case file of
attachments to the answer to the application, Volume XXVIII, Attachment 43, folio 9852).
391
Cf. testimony of witness Delgadillo Pérez, supra note 187, folio 3513, and testimony of expert
witness Castresana Fernández, supra note 137, folio 2902.
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