121
policies currently being implemented really represent a guarantee of non-repetition of
what happened in this case.
4.2.2.
Standardization of protocols, federal investigation criteria,
expert services and provision of justice to combat the
disappearances and murders of women and the different
types of violence against women
497. The Commission asked the Tribunal to order the State to improve the overall
institutional capacity to combat the pattern of impunity in the cases of violence against
women in Ciudad Juárez by conducting effective criminal investigations, followed by
constant judicial control, in order to ensure adequate punishment and redress.
498. The representatives stated that the procedures for access to and provision of
justice should be modified entirely, including all stages of the investigations, the
preservation of evidence, the protection of the crime scene, the removal of the bodies,
the chain of custody, etc. They also asked that the state system of criminal justice and
of crime prevention and investigation should be standardized and harmonized with the
need to respect the human rights of women, principally the investigation manuals and
protocols.
499. Regarding the new Penal Code of the State of Chihuahua, in force since 2007,
the State indicated that amendments had been made concerning: (i) the crime of
intentional murder and kidnapping of women or children, so that, in cases where there
are simultaneity of criminal acts, the punishment for each crime must be imposed even
when this would exceed a 60-year prison sentence; (ii) the crime of homicide without
aggravating circumstances, so that, if the victim of the crime is a woman or a child,
the term of imprisonment will be 30 to 60 years, instead of 8 to 20 years, in addition
to the punishment accumulated for each additional crime, even though this would
exceed the maximum term of imprisonment of 60 years, and (iii) the crime of causing
bodily injury, if injury is caused to an ancestor, descendant, brother, spouse,
concubine, partner, adoptive parent or adopted child, this increases the corresponding
punishment by one-third. Lastly, the State indicated that this Code punishes domestic
violence under the State Law on the Right of Women to a Life without Violence.479
500. Regarding the new Code of Criminal Procedure of the State of Chihuahua in
force since 2006, the State indicated that: “it establishes that the criteria of
opportunity will not be applied in order to file a criminal action in cases of crimes
against sexual freedom and security, or domestic violence, since they seriously affect
public interest.” The Code also establishes that, in cases of sexual crimes and domestic
violence, the victim will be provided “with comprehensive assistance by the specialized
units of the Office of the Attorney-General for the State of Chihuahua, which will
intervene with due diligence, applying the protocols that have been issued.” Lastly, the
State advised that the Code provides for the precautionary measure of immediate
separation of the probable offender from the home in the case of domestic violence
against women.480
479
Cf. Articles 32, third paragraph;125, second paragraph; 126;130, and 193 of the Penal Code of the
state of Chihuahua, supra note 456, folios 14371, 14390, 14391 and 14404.
480
Cf. Articles 83, fraction I, second paragraph; 121, last paragraph, and 169, fraction IX of the Code
of Criminal Procedure of the state of Chihuahua, supra note 457, folios 14281, 14291 and 14301.
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