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d) Notification of the Merits Report. The Merits Report was notified to the State on December
17, 2015, granting it two months to report on compliance with the recommendations.
Mexico provided information on some actions taken and also on the status of the
investigations described and analyzed in the Merits Report but, following four extensions,
the Commission considered that the State had made no comprehensive and substantive
progress in complying with the recommendations.
3.
Submission to the Court. On September 17, 2016, the Commission submitted this case to
the Court “owing to the need to obtain justice for the victims.” The Commission designated
Commissioner Enrique Gil Botero and Executive Secretary Paulo Abrão as its delegates, and
Elizabeth Abi-Mershed, Deputy Executive Secretary and Silvia Serrano Guzmán as legal advisers.
4
2.
The violation of the rights to personal integrity, privacy, autonomy and dignity, equality and non-discrimination,
not to be tortured, and to live free of violence established in Articles 5(1), 5(2), 11 and 24 of the American
Convention in relation to Article 1(1) of this instrument, Articles 1 and 6 of the Inter-American Convention to
Prevent and Punish Torture and Article 7(a) of the Convention of Belém do Pará to the detriment of Mariana
Selvas Gómez, Georgina Edith Rosales Gutiérrez, María Patricia Romero Hernández, Norma Aidé Jiménez Osorio,
Claudia Hernández Martínez, Bárbara Italia Méndez Moreno, Ana María Velasco Rodríguez, Yolanda Muñoz
Diosdada, Cristina Sánchez Hernández, Angélica Patricia Torres Linares and Suhelen Gabriela Cuevas Jaramillo.
3.
The violation of the rights to judicial guarantees and judicial protection established in Articles 8(1) and 25(1) of
the American Convention in relation to Article 1(1) of this instrument; the rights established in Articles 1, 6 and 8
of the Inter-American Convention to Prevent and Punish Torture and 7 of the Convention of Belém do Pará to the
detriment of Mariana Selvas Gómez, Georgina Edith Rosales Gutiérrez, María Patricia Romero Hernández, Norma
Aidé Jiménez Osorio, Claudia Hernández Martínez, Bárbara Italia Méndez Moreno, Ana María Velasco Rodríguez,
Yolanda Muñoz Diosdada, Cristina Sánchez Hernández, Angélica Patricia Torres Linares and Suhelen Gabriela
Cuevas Jaramillo.
4.
The violation of the right to personal integrity established in Article 5(1) of the American Convention in relation to
Article 1(1) of this instrument, to the detriment of the next of kin of the eleven women, listed in the annex to the
report.
The Commission made the following recommendations to the State:
1.
Establish full reparation for Mariana Selvas Gómez, Georgina Edith Rosales Gutiérrez, María Patricia Romero
Hernández, Norma Aidé Jiménez Osorio, Claudia Hernández Martínez, Bárbara Italia Méndez Moreno, Ana María
Velasco Rodríguez, Yolanda Muñoz Diosdada, Cristina Sánchez Hernández, Angélica Patricia Torres Linares and
Suhelen Gabriela Cuevas Jaramlllo, based on the human rights violations declared. This reparation should include
both pecuniary and non-pecuniary aspects.
2.
Provide, free of charge, immediately and for as long as necessary, the medical and psychological or psychiatric
treatment, as appropriate, to the victims of this case who request this and as mutually agreed with them.
3.
Continue to conduct an effective investigation, with due diligence and within a reasonable time in order to clarify
fully the acts that violated the American Convention and other inter-American instruments, and to identify and
punish the different levels of responsibility, ranging from the perpetrators to the possible masterminds and other
forms of responsibility, including those derived from the chain of command, the diverse forms of participation of
different state and federal law enforcement agencies, as well as possible acts of omission or concealment, while
avoiding [in the context of the investigation] any type of re-victimization, and ensuring that the legal definition of
the acts accords with the standards described in the […] report.
4.
Order the corresponding administrative, disciplinary or criminal measures for the acts or omissions of the state
officials who contributed to the different aspects of the denial of justice identified in the […] report.
5.
Adopt legislative, administrative and any other type of measures to avoid the repetition of human rights
violations such as those committed in this case. In particular, the State must adopt measures of non-repetition
addressed at training law enforcement personnel at both state and federal level on the absolute prohibition of
torture and sexual and other violence against women, and also to send a clear message condemning this type of
act. The content of this measure must be extended to medical personnel and any state officials responsible for
the different stages of an investigation into events such as those that occurred in this case. Also, the State must
reinforce institutional capacity to ensure that investigations into cases of alleged sexual violence, in general, and
of sexual torture by state agents, in particular, are compatible with the standards described in the [report].