68
C. Reiterated failure of the victim to assist in the investigations
The State asked the Court to examine “its willingness to […] continue the
investigations, [considering] the repeated invitation made […] to the alleged
victim to obtain her participation in the investigations.” Mrs. Fernández
Ortega was invited to testify “on up to [twenty-one] occasions and in
another [three], she was officially asked to propose dates to take part in
procedures.” Based on the foregoing, Mexico asked that the Court consider
“to what extent the lack of collaboration by Mrs. Fernández Ortega and her
representatives has had an impact on the progress of the investigations.”
D. The actions of the authorities within the legal framework in force
The State argued that: i) “the investigations have been conducted in strict
compliance with the legal powers of each of the [P]ublic [P]rosecutor’s
[O]ffices that have examined the case”; ii) Mrs. Fernández Ortega “has, at
all times, been ensured the right that her claims are attended by authorities
previously established by law”; iii) “a crucial factor for the transfer of the
jurisdiction of the Civil Public Prosecutor’s Office to the Military Public
Prosecutor’s Office and vice versa, was, precisely, the failure of Mrs.
Fernández Ortega to participate in the implementation of the measures
necessary to identify those responsible,” and iv) Mrs. Fernández Ortega’s
failure to appear […] gave rise to a vicious circle in which the competence of
[the investigating authorities] was contested, at the same time as the
authorities were not provided with the necessary information to define the
type of offense that was being investigated.” Accordingly, Mexico asked the
Court to decide “to what extent it was valid for the victims to oppose, based
on the argument of competence, the implementation of measures that were
fundamental for the investigation, and for which all necessary guarantees
had been ensured.”
E. Promotion of the investigation procedures by the State
The State affirmed that it had promoted the investigation “at all times” and
specified that “it had obtained the testimony of the victim and her witnesses,
and of all the soldiers from the ‘Méndez’ Operations Base; geo-referencing
studies had been carried out that allowed the location of military personnel
at the time of the facts to be determined, [and] medical assessments,
among other measures.” Mexico asked the Court to assess “the measures
taken in the course of the proceedings.”
204. First, the Court notes that some of these affirmations, such as those
concerning the action of the authorities within the legal framework in force and the
scrupulous respect for the procedural guarantees of Mrs. Fernández Ortega, have
already been dealt with, substantially, in this section of the Judgment. The Court
recalls that, irrespective of its conformity with domestic law, the intervention of the
Military Criminal Public Prosecutor’s Office does not comply with the guarantees
arising from the American Convention (supra paras. 175 to 177). Furthermore,
regarding respect for procedural guarantees, the Court appreciates some of the
efforts made by the State, including the provision of an interpreter on some of the
occasions in which Mrs. Fernández Ortega was summoned to testify or participate
in procedures. Notwithstanding, as the Court has indicated, the actions taken by
the State have not been sufficient and, in some cases, not even opportune, to
investigate the rape with due diligence, errors which were also partially
acknowledged by Mexico. Based on the foregoing, the Court does not find any
reason to make additional findings in this regard.
205. In addition, this Court positively assesses the establishment of an
interdisciplinary group with a gender perspective composed of female personnel
from the Office of the Attorney General of the Republic adjoined to different
institutions, in order to monitor the measures undertaken, support the victim and,
insofar as possible, lessen her revictimization. The Court also appreciates that
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos