74
293. The Tribunal finds that, following the standards established by this Tribunal
(supra paras. 287 to 291), the obligation to investigate effectively has a wider scope
when dealing with the case of a woman who is killed or, ill-treated or, whose personal
liberty is affected within the framework of a general context of violence against
women. Similarly, the European Court has said that where an “attack is racially
motivated, it is particularly important that the investigation is pursued with vigor and
impartiality, having regard to the need to reassert continuously society’s condemnation
of racism and to maintain the confidence of minorities in the ability of the authorities to
protect them from the threat of racist violence.”306 This criterion is wholly applicable
when examining the scope of the obligation of due diligence in the investigation of
cases of gender-based violence.
294. In order to determine whether the procedural obligation to protect the rights to
life, personal integrity and personal liberty by means of a serious investigation into
what happened was fully complied with in this case, the Tribunal must examine the
different measures taken by the State after the bodies were found, as well as the
domestic procedures to elucidate what occurred and to identify those responsible for
the violations perpetrated against the victims.
295. The Court will analyze the dispute between the parties regarding the alleged
irregularities concerning: (1) custody of the crime scene, collection and handling of
evidence, autopsies, and identification and return of the victims’ remains; (2) actions
taken against those presumed to be responsible and alleged ‘fabrication’ of suspects;
(3) unjustified delay and absence of substantial progress in the investigations; (4)
fragmentation of the investigations; (5) failure to sanction public officials involved in
the irregularities, and (6) denial of access to the case file and delays or refusal of
copies of this file.
4.2.2.1.
Alleged irregularities in custody of the crime scene, collection
and handling of evidence, autopsies, and identification and
return of the victims’ remains
296. As previously indicated (supra para. 20), the State mentioned two stages of the
investigations, the first from 2001 to 2003 and the second from 2004 to 2009. The
State acknowledged its responsibility for some irregularities during the first stage, but
alleged that, during the second stage, these deficiencies were corrected and it had
promoted the “Human Identity Program”, with the participation of the EAAF.
297. The Court observes that on May 1, 2005, the Chihuahua Attorney General’s
Office hired the EAAF to assist in the “identification of the remains of unidentified
women in the cities of Juárez and Chihuahua,” and also in “the review of cases in
which the victims’ next of kin have expressed doubts about the identity of the remains
they received.”307 Based on the conclusions reached by the EAAF concerning this case,
the evidence in the case file, and the State’s acknowledgement, the Tribunal will refer
to the irregularities that occurred in (a) the discovery of the bodies, the custody of the
crime scene, and the collection and handling of evidence; (b) the manner in which the
305
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary Objection, Merits, Reparations and
Costs. Judgment of June 7, 2003. Series C No. 99, para. 112; Case of Valle Jaramillo et al. v. Colombia,
supra note 49, para. 97, and Case of Garibaldi v. Brazil, supra note 252, para. 23.
306
307
Cf. ECHR, Case of Angelova and Iliev v. Bulgaria, Judgment 26 July 2007, para. 98.
Cf. Contract for professional services signed by the Office of the Attorney General for the state of
Chihuahua and the Argentine Forensic Anthropology Team on May 1, 2005 (case file of attachments to the
answer to the application, volume XLV, attachment 136, folios 16581 to 16586).
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