88
testimonies obtained, the inspection of the place where they were discovered, the lists
of the evidence gathered, and the identification reports.”
349. In this regard, the Tribunal has indicated in its jurisprudence that a State may
be responsible when “evidence that could have been very important for the due
clarification of the [violations is] not ordered, practiced or evaluated.”384
350. In the instant case, the Head of the Joint Public Prosecutors’ Office to
Investigate the Murders of Women in Ciudad Juárez received the criminal case file for
the cotton field deaths on March 9, 2006, after the judgment of October 13, 2004,
convicting the only individual who had been charged with the crimes had been revoked
on July 14, 2005.385 The Tribunal finds that, without any justification, the
investigations were paralyzed for almost eight months following the conviction was
revoked.
351. Furthermore, prior to the public hearing, the Court was informed of the results
of the second stage of the investigations and the work plan of the Public Prosecutor’s
Office.386 However, the measures announced by the official of the Public Prosecutor’s
Office in charge of the investigation have not led to any results, such as the
examination of certain items of clothing, new DNA analyses, and investigation of those
presumably responsible.
352. Lastly, the Tribunal underscores that it will be difficult to rectify the
irregularities that occurred during the first stage of the investigations, which the State
has acknowledged, by the belated and insufficient probative measures that the State
has taken since 2006. Proof of this is that, although eight years have elapsed since the
facts occurred; the investigation has not advanced beyond the preliminary phase.
4.2.2.4.
Alleged irregularities regarding the fragmentation of the
investigations and its alleged impact on creating impunity
The Court observes that the dispute between the parties concerning the fragmentation
of the investigations relates to three distinct issues: (a) the alleged irregularities in the
initiation of an investigation into organ trafficking and the failure to coordinate this
with the investigation into disappearances and murders; (b) the alleged need for the
federal jurisdiction to hear this case, and (c) the alleged irregularities arising from
investigating the three cases separately.
(a)
Alleged irregularities in the initiation of an investigation into organ
trafficking and the failure to coordinate this with the investigation
into the disappearances and murders
353. The eight cotton field deaths were investigated together by the Office of the
Attorney General of the Republic (PGR) between 2003 and 2006. Under the federal
jurisdiction, it investigated the possible connection with organized crime, in particular
384
Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala, supra note 31, para. 230.
385
Cf. decision of March 9, 2006, of the Office of the Attorney General for the state of Chihuahua,
Northern Zone, Joint Agency to Investigate the Murders of Women in Ciudad Juárez in preliminary inquiry file
27913/01-I (case file of attachments to the answer to the application, volume XXX, attachment 50, folio
10184) and decision of the Fourth Criminal Chamber of the Supreme Court of Justice of the state of
Chihuahua of July 14, 2005 (case file of attachments to the answer to the application, volume X, attachment
83, folios 3422 to 3500).
386
Testimony of witness Caballero Rodríguez at the public hearing held on April 28, 2009.
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