86
indictment.”377
342. For its part, the EAAF highlighted irregularities relating to the fact that: (i) [Mr.
García and Mr. González] were only shown flyers with photographs of eight of the
disappeared women whereas, at the time, more women had disappeared; (ii) it was
precisely the women in those flyers with photographs that constituted the final official
list of the cotton field victims; (iii) the similarity of their statements with the contents
of official documents, such as the flyers and the autopsies, was striking; (iv) they
remembered very precisely the physical data and clothing of each of their victims, well
over a year after some of the disappearances had occurred, and they both had similar
recollections. The EAAF also indicated that, considering the degree of contradiction in
the expert appraisals provided, the judgment convicting the accused did not explain
how these had been assessed.378
343. The Tribunal recalls that it is not determining whether the Convention was
violated as regards Mr. García and Mr. González. Nevertheless, the information
concerning the irregularities in the investigation is essential for assessing the access to
justice of the mothers and the other relatives of the three murdered women. Taking
into account the evidence examined, it can be concluded that the investigations into
the “cotton field crimes” were related to a context of irregularities in the determination
of those responsible for similar crimes. Hence, for example, in 2003, the CNDH
referred to the “indiscriminate obtaining of confessions” by officials of the Public
Prosecutor’s Office and police agents working under them. Based on 89 cases filed
before the jurisdictional authority, the CNDH observed that:
Those involved in the perpetration of the crimes confessed to their participation
“spontaneously” before the official of the state Public Prosecutor’s Office, even though,
subsequently, they testified before the jurisdictional body that they had been subjected to
torture, ill-treatment or threats to make them sign statements with which they disagreed
and which had been extracted from them by the use of force.
[…]
Evidently, when detainees are tortured, those responsible generally use practices designed
not to leave any trace on the victim’s body and, if applicable, to justify their actions by
simulating medical certificates that, in general, merely indicate that the person examined
was “uninjured” without complying with any methodological parameters.”379
344. A report of the United Nations Office for Drugs and Crime (UNODC) on its
mission in Ciudad Juárez, examined the Cotton Field case and other cases. The Office
verified that several judges unduly inverted the burden of proof, rejected the
allegations of torture refusing to accept the truth of the retractions, and indicated that
the allegations had not been proved adequately, even though no expert medical
evaluation of the injuries had been made and in the absence of a prior inquiry into the
facts. The report concluded that:
The same pattern is found in all the procedures examined: […] a significant number of
the [accused] confess to the crimes with which they are charged when giving testimony
in the preliminary phase of the proceedings or in the preliminary inquiry assisted by a
public defender (not appointed by them), but do not ratify the confession in court, […]
denouncing inhuman and degrading treatment and […] torture to obtain their confession.
Invariably, these allegations are rejected by the intervening judges, in the successive
decisions they deliver, with rather abstract arguments, or with sundry juridical technical
terminology, but without ordered investigations or measures to clarify whether the
377
CNDH, Informe Especial, supra note 66, folios 2229 and 2230, and Second Inspector General of the
National Human Rights Commission, official letter No. V2/004191 of February 27, 2004 (case file of
attachments to the application, volume IX, attachment 78, folios 2994 and 2995).
378
Cf. testimony of witness Doretti, supra note 141, folio 2379.
379
CNDH, Informe Especial, supra note 66, folios 2228 and 2229.
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