72
and days. Since this obligation of means is more rigorous, it requires that exhaustive
search activities be conducted. Above all, it is essential that police authorities,
prosecutors and judicial officials take prompt immediate action by ordering, without
delay, the necessary measures to determine the whereabouts of the victims or the
place where they may have been retained. Adequate procedures should exist for
reporting disappearances, which should result in an immediate effective investigation.
The authorities should presume that the disappeared person has been deprived of
liberty and is still alive until there is no longer any uncertainty about her fate.
284. Mexico did not prove that it had adopted reasonable measures, according to the
circumstances surrounding these cases, to find the victims alive. The State did not act
promptly during the first hours and days following the reports of the disappearances,
losing valuable time. In the period between the reports and the discovery of the
victims’ bodies, the State merely carried out formalities and took statements that,
although important, lost their value when they failed to lead to specific search actions.
In addition, the attitude of the officials towards the victims’ next of kin, suggesting that
the missing persons’ reports should not be dealt with urgently and immediately, leads
the Court to conclude reasonably that there were unjustified delays following the filing
of these reports. The foregoing reveals that the State did not act with the required due
diligence to prevent the death and abuse suffered by the victims adequately and did
not act, as could reasonably be expected, in accordance with the circumstances of the
case, to end their deprivation of liberty. This failure to comply with the obligation to
guarantee is particularly serious owing to the context of which the State was aware –
which placed women in a particularly vulnerable situation – and of the even greater
obligations imposed in cases of violence against women by Article 7(b) of the
Convention of Belém do Pará.
285. In addition, the Tribunal finds that the State did not prove that it had adopted
norms or implemented the necessary measures, pursuant to Article 2 of the American
Convention and Article 7(c) of the Convention of Belém do Pará, that would have
allowed the authorities to provide an immediate and effective response to the reports
of disappearance and to adequately prevent the violence against women. Furthermore,
it did not prove that it had adopted norms or taken measures to ensure that the
officials in charge of receiving the missing reports had the capacity and the sensitivity
to understand the seriousness of the phenomenon of violence against women and the
willingness to act immediately.
286. Based on the foregoing, the Court finds that the State violated the rights to life,
personal integrity and personal liberty recognized in Articles 4(1), 5(1), 5(2) and 7(1)
of the American Convention, in relation to the general obligation to guarantee
contained in Article 1(1) and the obligation to adopt domestic legal provisions
contained in Article 2 thereof, as well as the obligations established in Article 7(b) and
7(c) of the Convention of Belém do Pará, to the detriment of Claudia Ivette González,
Laura Berenice Ramos Monárrez and Esmeralda Herrera Monreal.
4.2.2.
Obligation to investigate the facts effectively, in
accordance with Articles 8(1) and 25(1) of the
Convention, derived from the obligation to guarantee
the rights to life, personal integrity and personal liberty
287. The obligation to investigate cases of the violation of these rights arises from
the general obligation to guarantee the rights to life, personal integrity and personal
liberty: in other words, Article 1(1) of the Convention in conjunction with the
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