122
501. The State attached models of protocols as evidence481 and indicated that “a
specific protocol is followed for each type of crime. For cases of murders of women,
there are protocols for sex crimes, injuries, on-site crime investigation, support for
victims, crisis support, forensic chemistry, forensic medicine, murder, suicide and
accidental death.” It asserted that the state Office of the Attorney General had
distributed widely the contents of the Declaration on the Elimination of Discrimination
against Women, the Convention on the Elimination of All Forms of Discrimination
against Women, and the Convention of Belém do Pará.
502. In other cases, the Court has ordered that the parameters for investigations,
forensic analyses and prosecution should be harmonized with international
standards.482 The Tribunal considers that, in this case, the State must, within a
reasonable time, continue harmonizing all its protocols, manuals, judicial investigation
criteria, expert services and delivery of justice used to investigate all crimes
concerning the disappearance, sexual abuse and murder of women with the Istanbul
Protocol, the United Nations Manual on the Effective Prevention and Investigation of
Extralegal, Arbitrary and Summary Executions, and the international standards for
searching for disappeared people, based on a gender perspective. In this regard, it
must provide an annual report for three years.
4.2.3.
Implementation of a program to look for and find disappeared
women in the state of Chihuahua
503. The representatives asked that Operation Alba be revised, redesigned and
restructured with “the participation of international experts in this field in order to […]
create an immediate response investigation and documentation program [with] the
necessary financial resources to ensure that it can function adequately.” They also
alleged that “the ‘immediate response’ actions [in force] were not effective for
responding promptly to the report of a disappeared or missing person and, above all,
were inadequate and ineffective for preventing crimes against the women and girls of
Ciudad Juárez,” mainly because “the criteria for classifying a disappearance as ‘high
risk’ were neither clear nor objective and included discriminatory elements,” and even
because officials refused to implement the urgent measures without plausible
justification.
504. The Court observes that, on July 22, 2003, the State implemented Operation
Alba “to establish special surveillance, in addition to the surveillance that already
existed, in areas of high risk for women and where murder victims had been found.”
Subsequently, on May 23, 2005, the Protocol for Reception, Reaction and Coordination
between municipal, state and federal authorities in cases of missing women and girls in
the Municipality of Juárez or the “Alba Protocol” was implemented. Based on
agreement and consensus among the participating institutions, the protocol
established a mechanism for reception, reaction and coordination among authorities of
the three spheres of government when women or girls went missing in Ciudad Juárez.
In October 2006, the protocol had been “activated 8 times [since its creation], and had
481
Cf. Office of the Attorney General for the state of Chihuahua, Criminal Investigation Protocols and
Protocols for Personnel Specialized in providing services to Victims (case file of attachments to the final
written arguments of the State, volume XLVII, attachment 3, folios 16955 to 17082).
482
Cf. Case of Gutiérrez Soler v. Colombia. Merits, Reparations and Costs. Judgment of September 12,
2005. Series C No. 132, paras. 109 and 110.
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