104
negligence obstructed and led to mistakes in the initial investigations of the
murders, which caused additional suffering to the next of kin of the victims;
(ii)
The mistakes and omissions in compiling the case files also contributed
to the delay in the investigations to find those responsible for the killings. This
issue affected the next of kin, because they were uncertain about the
conscientious, impartial and exhaustive nature of the investigations into the
murders of the victims;
(iii)
The re-opening of the investigations into the murders was due, in part,
to the need to identify the victims, because the next of kin had expressed a
reasonable doubt about the identification analyses that had been performed,
and it acknowledged “the suffering of the mothers […] when they had to
identify the bodies of their daughters, which had suffered a significant degree of
decomposition that made them almost unrecognizable”;
(iv)
The State is aware of the suffering caused to the victims’ next of kin by
the fact that, to date, those responsible for murdering Mss. González, Herrera
and Ramos, have not been identified, and
(v)
At the beginning of the investigations, the next of kin were not kept
properly informed of the inquiries that the authorities were making and the
measures they were taking to identify and locate those responsible. The State
censured the insensitive attitude shown by the officials of the Office of the
Attorney General for the state of Chihuahua toward the next of kin. It also
censured the insensitivity of the authorities when returning the bodies of Mss.
González, Herrera and Ramos, to their next of kin and regretted the statements
made by public officials concerning the murders of Mss. González, Herrera and
Ramos, which harmed the moral and mental integrity of their next of kin.
424. Based on the above, the Tribunal finds that the violation of the personal
integrity of the victims’ next of kin stems from the circumstances suffered due to all
the process that followed the disappearances of Esmeralda Herrera Monreal, Claudia
Ivette González and Laura Berenice Ramos Monárrez, and also by the general context
in which the facts occurred. The irregular and deficient actions of the state authorities
when trying to discover the whereabouts of the victims after their disappearance had
been reported; the lack of diligence in determining the identity of the remains, the
circumstances and causes of the deaths; the delay in the return of the bodies; the
absence of information on the evolution of the investigations, and the treatment
accorded the next of kin during the whole process of seeking the truth has caused
them great suffering and anguish. In the Court’s opinion, all the foregoing constitutes
degrading treatment contrary to Article 5(1) and 5(2) of the American Convention, in
relation to Article 1(1), to the detriment of Irma Monreal Jaime, Benigno Herrera
Monreal, Adrián Herrera Monreal, Juan Antonio Herrera Monreal, Cecilia Herrera
Monreal, Zulema Montijo Monreal, Erick Montijo Monreal, Juana Ballín Castro, Irma
Josefina González Rodríguez, Mayela Banda González, Gema Iris González, Karla
Arizbeth Hernández Banda, Jacqueline Hernández, Carlos Hernández Llamas, Benita
Monárrez Salgado, Claudia Ivonne Ramos Monárrez, Daniel Ramos Monárrez, Ramón
Antonio Aragón Monárrez, Claudia Dayana Bermúdez Ramos, Itzel Arely Bermúdez
Ramos, Paola Alexandra Bermúdez Ramos and Atziri Geraldine Bermúdez Ramos.
6.2.
Threats, intimidation and harassment suffered by the next of kin
425. The Commission alleged that “the mothers of Claudia Ivette, Esmeralda and
Laura Berenice […] have been victims of continual harassment, mistreatment, and
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