90
transferred to the preliminary investigation into the murders.392 Nevertheless, the
Tribunal has not received any evidence that would allow it to determine whether all the
evidence mentioned by the State was transferred. Moreover, once again, the
representatives failed to argue how that evidence was relevant. To the contrary, they
maintained that this line of investigation was “implausible.” Bearing this in mind, the
Court declares that the representatives did not provide any elements that would allow
it to conclude that the supposed negligence in transferring evidence constitutes – or
contributes to – a human rights violation.
359. Regarding the absence of a connection between the federal investigation and
the investigation in Chihuahua, the case file before the Tribunal does not contain
sufficient evidence as regards whether there was an exchange of information between
the local and federal Offices of the Attorney General in relation to the murders of the
Mss. Herrera, González and Ramos. Furthermore, the investigation before the Office of
the Attorney General of the Republic began before the proceedings against Mr. García
had ended. There is no explanation of why this other investigation, which probably
included information concerning Mr. García, was not considered during the proceedings
in Chihuahua.393 In the absence of arguments regarding the evidence, the Court is
unable to reach a conclusion on the impact of the facts described on the
ineffectiveness of the investigation, based merely on a list of those facts.
(b)
Alleged irregularities based on the failure of the Office of the
Attorney General of the Republic to have the case files transferred
360. The representatives alleged that “the investigators [should have reached] the
conclusion, at least as a hypothesis for investigation, that they were in the presence of
an organized criminal group,” so that, “from the moment the bodies were discovered,
the jurisdiction for the investigation and prosecution of the crimes should have been
attributed to the police, prosecution and judicial authorities of the federal jurisdiction.”
Failure to do this “prevented the application of the specific legislation and the use of
the legal and material investigation mechanisms established for organized crime, which
are not applicable to ordinary crime.”
361. The witness Delgadillo Pérez indicated that “[t]he State has not provided an
explanation of why the Federation did not have the investigation into the murders of
the eight women transferred to its jurisdiction if, as it has been proved, the local Office
of the Attorney General did not have the professional, scientific or technical capacity to
conduct it.”394 Expert witness Castresana Fernández indicated that, based on the way
the murders were committed and the bodies abandoned, with imminent risk for those
responsible that they would be discovered, it can be surmised that the murders were
perpetrated by organized crime and it can be inferred that the perpetrators were public
officials, or private individuals who enjoyed the latter’s protection. Based on this
392
Cf. attestations of August 16, 2007, by which the official of the Public Prosecutor’s Office attached
to the Joint Agency to Investigate the Murders in Ciudad Juárez traced different measures (case file of
attachments to the answer to the application, volume XXXVII, attachment 50, docket III, volume II, folios
10569, 10570, 13577, 13578, 13641 and 13642).
393
Even though the Special Prosecutor’s Office indicated that it had not been proved that “federal laws
have been violated, so that it would justify the transfer mechanism” in any of the 19 investigations, the
office indicated that attachment B of the report “describes the hypotheses for the investigations, and also the
measures that were proposed for each of the 19 preliminary [murder] investigations” of the 22 referred to in
said report. Although this indicates an exchange of information, the Court observes that there is no evidence
that similar measures were recommended in the cases of the young women, Herrera, González and Ramos
(third report of the Special Prosecutor’s Office, supra note 387, folio 3363).
394
Testimony of witness Delgadillo Pérez, supra note 187, folio 3513.
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