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described in paragraphs 112 to 246 of the Merits Report, and (ii) the facts relating to the
investigations into the acts denounced in this case, including the investigations conducted by the
National Human Rights Commission (hereinafter “the CNDH”), by the SCJN, and by the local and
federal penal authorities, described in paragraphs 247 to 307 of the Merits Report. To the
contrary, the dispute subsists with regard to the context in which these facts occurred; in other
words, the general background, the operations of May 3 and 4, 2006, and the reports of the
police abuse committed during those operations.
B.2 Regarding the legal claims
36. Mexico acknowledged, clearly and expressly, its international responsibility for the violation
of all the rights that were alleged, but not for all the reasons indicated by the Commission and the
representatives in this case. Consequently, the Court considers that the dispute has ceased in
relation to the violation of the rights of the eleven women to: (i) personal liberty and judicial
guarantees (Articles 7(1), 7(2), 7(3), 7(4), 8(2)(b), 8(2)(d) and 8(2)(e) of the Convention),
owing to the deprivation of liberty, the failure to notify the reasons for the detention and the lack
of adequate defense counsel; (ii) personal integrity, privacy, the principle of equality, and the
prohibition of discrimination and torture (Articles 5(1), 5(2), 11, 24 and 1(1) of the American
Convention, 1 and 6 of the Inter-American Convention against Torture, and 7 of the Convention
of Belém do Pará), owing to the physical, psychological and sexual abuse, including acts of
torture, suffered by the eleven women victims in this case, as well as the lack of adequate
medical care and the effects on their health; (iii) judicial guarantees, judicial protection and
equality before the law (Articles 8, 24 and 25 of the Convention) and the obligation to investigate
acts of torture and violence against women (Articles 1, 6 and 8 of the Inter-American Convention
against Torture and 7 of the Convention of Belém do Pará), owing to the initial failure to
investigate the facts ex officio and the inaccurate classification of the offenses made initially, and
(iv) the obligation to adopt domestic legal provisions (Article 2 of the American Convention, 1, 6
and 8 of the Inter-American Convention against Torture, and 7(c), (e) and (h) of the Convention
of Belém do Pará), owing to the lack of a domestic legal framework on the use of force and
torture at the time of the facts. In addition, the dispute has ceased with regard to the violation of
personal integrity (Article 5(1) of the Convention) of the next of kin of the eleven women.
37. Furthermore, the Court notes that the dispute persists with regard to the violations of: (i)
the obligation to adopt domestic legal provisions to criminalize torture appropriately, which
continues up until the present time according to the representatives, and not just when the facts
took place; (ii) the obligation to adopt domestic legal provisions for the effective investigation of
violence against women, and (iii) judicial guarantees, judicial protection, equality before the law,
and the obligation to investigate acts of torture and acts of violence against women, owing to the
investigations and judicial actions of the federal authorities, as well as the investigations and
judicial proceedings following the “initial stages.” In this regard, the Court notes that, before this
Court, the State placed a temporal limitation on its acknowledgement of responsibility for those
violations up to September 2010 when the “Atenco Group” was created to investigate the facts of
the case. Meanwhile, the representatives alleged that, based on the position expressed by Mexico
before the Commission, the said acknowledgement of international responsibility encompassed
the State’s actions in relation to the investigations up until March 14, 2013, the date on which the
State acquiesced to the claims of the representatives before the Commission. In this regard, the
Court recalls that, in order to consider an act of the State an acquiescence or acknowledgement