31. The petitioners allege that the official expert opinions supporting the theory of suicide are
based on Mrs. Ochoa presenting a neurological disturbances; that in the library of her office a
book dealing with issues of death was found and that she had given instructions to her sister
as to how to dispose of her estate in the event of her death. The petitioners allege that that
evidence is not technically enough to discard the theory of homicide and that said information
was inappropriately leaked to the media. They argue that the authorities did not thoroughly
investigate the origin of the weapon that caused the death of Mrs. Ochoa and that they arrived
at the conclusion that the weapon belonged to her because she had mentioned to her brother
that she had acquired a weapon in order to protect her residence. The petitioners claim that
there is expert testimony that flatly rules out that Mrs. Digna Ochoa committed suicide
because no exploded gunpowder residue was found on her hands or her gloves.
32. The petitioners contend that the Mexican State has violated Article 4 of the Convention to
the detriment of Mrs. Digna Ochoa, because it did not create the necessary conditions to
effectively ensure the enjoyment of this right and once she was dead, the State is responsible
for several failures, irregularities and acts of negligence that prevented the true causes of her
death and punishment of those responsible for it to be determined.
33. The petitioners further submit that the State violated Article 5 of the Convention, in light of
the pain and suffering inflicted upon her family members as a result of the failure to effectively
investigate and because it did not adequately investigate the threats that Mrs. Digna Ochoa
had been subjected to. The petitioners assert that as a result of the failure to adequately
investigate, the family has been compelled to shoulder the burden of proof and introduce
expert evidence to disprove the groundless conjecture and speculation positing that Mrs. Digna
Ochoa had committed suicide.
B.
The State
34. The State recognizes that the case has been highly sensitive for Mexican society and the
international community and reiterates its respect and recognition of the efforts of Mrs. Digna
Ochoa y Plácido as a human rights defender. It notes that as soon as it learned of her death, it
informed the IACHR of its commitment to investigate this incident. It asserts that it has
participated in all of the hearings on the case and complied with reporting on progress made in
the investigations and highlights how it was receptive to allowing experts appointed by the
IACHR to become involved, which according to the State, shows transparency and that the
investigation was conducted with strict adherence to the law.
35. The State claims that once the assaults made against Mrs. Digna Ochoa came to its
attention, it provided adequate protection to Mrs. Ochoa and the offices of the PRODH Center,
while the protection measures issued by the bodies of the Inter-American system were in force
and, during that time, Mrs. Digna Ochoa accepted this protection. It contends that it
adequately investigated the alleged threats leveled at her; however, an incident, such as the
alleged kidnapping of Mrs. Digna Ochoa, that was reported to the Office of the Public
Prosecutor almost one month after it occurred, is difficult to investigate. Additionally, with
regard to Mrs. Digna Ochoa being held captive at her residence, the State notes that followed
several investigation leads and undertook to obtain expert analysis in order to determine what
happened. As to the threats on the PRODH Center, the State claims that based on the opinions
from forensic experts, it was determined that, in light of an absence of any signs of forced
entry into the premises, it was likely that the alleged culprits were persons close to the
PRODH, who were aware of their comings and goings and schedules.
36. Following the death of Mrs. Digna Ochoa, the State notes that in order to investigate her
death, a special prosecutorial unit was created, which exhausted all hypothesis of
investigation, particularly, one linked to the alleged involvement of the military, another linked
to the State of Guerrero, another to the social, family and personal circumstances of Mrs.
Digna Ochoa and the possibility that she may have put an end to her own life. It specifically
notes that, with regard to the alleged existence of a mastermind behind a murder, this story
appeared in newspaper articles based on the testimony of an “anonymous” witness and that,
additionally, at the time when said articles were released, the persons who were presumably
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