60
Regarding Laura Berenice Ramos, the family only had a collar bone, which they handed
over to the EAAF for confirmation of identity, because they had cremated the other
remains.246 The remains of Claudia Ivette González were not included in the cases reexamined by the EAAF, owing to the refusal of her next of kin.247
219. Despite the deficiencies in the initial stages of the investigations, especially in
the autopsy procedure – which the Court will refer to below in greater detail – in the
case of Esmeralda Herrera Monreal it can be concluded that, since her hands were tied
behind her back, the lower part of her body exposed, her blouse and brassiere raised
above her breasts, part of her right breast missing and parts of her left nipple
damaged (supra para. 212), she must have endured such cruelty that it had to have
caused her severe physical and mental suffering before she died.
220. With regard to Laura Berenice Ramos Monárrez and Claudia Ivette González,
this Tribunal is unable to differentiate scientifically which injuries were caused by abuse
and which by the passage of time owing to the above-mentioned deficiencies in the
first stage of the investigations. Consequently, it must take into consideration the
different factors relating to the disappearance of the victims. Specifically that, with all
probability, the treatment they experienced during the time they remained kidnapped
before their death caused them, at the very least, severe mental suffering and that,
very possibly, the acts that took place before they died, as in the case of Esmeralda
Herrera Monreal, had a sexual motive, because the young women were found with the
lower part of their bodies exposed and, in the case of Laura Berenice Ramos Monárrez,
her blouse and brassiere had been raised above her breasts (supra para. 212). The
foregoing, combined with the fact that, at the time of the disappearance of the victims,
there were numerous similar cases in Ciudad Juárez in which the women showed signs
of “sexual violence” (supra paras. 116 and 117).
221. The three victims were deprived of their liberty before they died. Owing to the
deficiencies in the autopsy reports, the Court is unable to establish the length of their
captivity with certainty.
3.
The violence against women in this case
222. The Commission and the representatives referred to what Mss. González,
Ramos and Herrera, experienced as “violence against women.” The representatives
alleged that “the killings in this case are similar in their infinite cruelty; they are crimes
of hate against the girls and women of Ciudad Juárez, misogynous crimes born from an
immense tolerance – and social and State encouragement – of general violence against
women.”
223. The State recognized “[t]he situation of violence against women in Ciudad
Juárez […] as a problem, all aspects of which must be combated.”
224. Before examining the possible international responsibility of the State in this
case, the Tribunal deems it pertinent to establish whether the violence suffered by the
three victims constitutes violence against women under the American Convention and
the Convention of Belém do Pará.
246
Cf. appearance of Benita Monárrez Salgado before an official of the Chihuahua Public Prosecutor’s
Office on July 24, 2006 (merits case file, volume VII, folio 2718).
247
Cf. forensic DNA and anthropological report concerning Esmeralda Herrera Monreal issued by the
Argentine Forensic Anthropology Team on June 12, 2006 (case file of attachments to the answer to the
application, volume XXX, attachment 50, docket I, volume I, folio 10341).
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