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been ensured,” and to value that the ministerial [investigative] authorities have
acted in conformity with the legal framework in force, and subject to subsequent
legislative reforms, it determine that it is the Military Public Prosecutor’s Office
who must continue with the investigation of the facts.
B.
Interventions with a gender perspective and respect for procedural
guarantees
The State indicated that Mrs. Rosendo Cantu: i) “was provided with the presence
of an interpreter translator of the Secretariat of Indigenous Affairs of the
government of the state of Guerrero,” ii) has had the right to be assisted by a
person of confidence for the processing of the present case; iii) has had, and also
as her attorneys, at all times, the opportunity to be heard by the ministerial
[investigative] authorities and has had plenty of access to the case files; iv)
personally received, and by means of her representatives, the explanations
regarding the nature of the jurisdiction in the case, and v) her request that the
Attorney General of the Republic participate in the exhaustion of the procedures
was attended to. Likewise, the State affirmed that during the period when the
investigation was under the jurisdiction of the civil forum, “the interdisciplinary
group with a gender perspective made up of female personnel” of diverse
organisms “was created,” which has continued collaborating in the investigations
due to the forwarding of jurisdiction” to the military forum. This interdisciplinary
group with a gender perspective “was, at all times, fully capable of moving to the
locations indicated by the representatives in order to exhaust the procedures and
[also maintained] the channels of communication open in order to attend to
particular petitions regarding the investigations.”
C.
The invitation for the victim to assist in the investigations and the value of
the victim´s statement
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. Rosendo Cantú was
invited to testify on up to 10 occasions, and 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. Rosendo Cantú
and [of] her representatives has had an impact on the progress of the
investigations.”
D. Promotion of the investigation procedures by the State
The State affirmed that it had promoted the investigation as a legal right,
carrying out diverse ministerial [investigative] actions. The State’s intense
evidentiary actions have involved the taking of testimony from various witnesses,
the analysis of documentary evidence, the carrying out of geo-referencing
studies that allowed for the location of military personnel at the time of the facts
to be determined,” and “medical assessments, among other measures.”
E. The recent actions taken by the Military Public Prosecutor’s Office
Mexico affirmed that as of the date in which they retook the investigations in the
military forum, several different procedures have been carried out to prove the
corpus delicti and the probable perpetrators. Likewise, it affirmed that so as to
not revictimize of Mrs. Rosendo Cantú, collaboration from the interdisciplinary
group with a gender perspective of the Attorney General’s Office of the Republic
has been requested for all the procedures that require the possible participation
of the alleged victim.
F. The alleged complaint formulated by Mrs. Rosendo Cantu before the municipal
authorities and medical personnel
The State indicated that “there is no evidence that proves that government
employees of the State of Mexico had knowledge, prior to the presentation of the
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