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similar cases and in dealing with victims of discrimination and gender-based
violence;
c) The different entities that take part in the investigation procedures and in
the judicial proceedings shall have the necessary human and material
resources to perform their tasks adequately, independently and impartially,
and those who take part in the investigations shall be given due guarantees
for their safety, and
d) The results of the proceedings shall be published so that Mexican society is
aware of the facts that are the purpose of the instant case.
3.2.
Identification, prosecution and, if applicable, sanction of the officials who
committed irregularities
456. The Commission stated, in general, that “the State is under the obligation to
investigate and sanction all those who are responsible for the obstruction of justice,
cover-up, and impunity that have prevailed in these cases.”
457. The representatives asked that a conscientious, exhaustive and impartial
investigation be carried out of the officials who have taken part in the investigations
into the murders of the three victims from 2001 to date, and that they be sanctioned
in a manner proportionate to the harm and damage caused. Furthermore, they
indicated that many of the officials who took part in the investigations in the “Cotton
Field” case have continued to work in the state of Chihuahua, and to commit the same
irregularities, omissions and negligence.
458. The State only acknowledged “its responsibility for prosecuting and sanctioning
the public officials who committed [irregularities] during the first stage of the
investigations,” and alleged that it had sanctioned the officials who were responsible,
even by “dismissing” some of them.
459. In the instant case, the Court finds that none of the officials who committed
serious irregularities during the first stage of the investigations have been sanctioned
(supra para. 378).
460. The Tribunal finds that, as a means of combating impunity, the State shall,
within a reasonable time, investigate the officials accused of irregularities through the
competent public institutions and, following a due procedure, apply the corresponding
administrative, disciplinary or criminal sanctions to those found responsible.
3.3.
Investigation of the complaints filed by the victims’ next of kin who have
been harassed and persecuted
461. The representatives asked that the State investigate the acts of harassment
and intimidation that were denounced by Benita Monárrez, her daughter, Claudia
Ivonne Ramos Monárrez, and Adrián Herrera Monreal, Esmeralda Herrera’s brother,
which have not yet been investigated by the authorities.
462. Since the Court found that, in the instant case, Mrs. Monárrez suffered various
acts of harassment from the time her daughter disappeared until she abandoned her
country to go into exile abroad, a situation also suffered by her other three children
and grandchildren, and that Adrián Herrera Monreal suffered various acts of
harassment, the Court orders that the State shall, within a reasonable time, conduct
the corresponding investigations and, if applicable, punish those responsible.
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