125
4.2.5.
Creation of a legal mechanism for transferring cases from the
civil courts to the federal jurisdiction when impunity exists or
when serious irregularities are proven in the preliminary
investigations
513. The representatives indicated that a mechanism under national law is needed to
facilitate and regulate the transfer of cases from the local jurisdiction to the Federal
jurisdiction because, in this case, “one of the main problems that permitted and still
permit violations of the human rights of the victims of violence against women and
femicide is the impossibility for the Federation to intervene, review and, if applicable,
rectify the irregularities and deficiencies in cases filed in the common jurisdiction.”
They indicated that, even though the federal level created the Commission to Prevent
and Eliminate Violence against the Women of Ciudad Juárez in 2004, it never had the
legal authority to propose or to rectify the actions of the local jurisdiction officials.
Furthermore, they stated that even if the Office of the Special Prosecutor for the
Investigation of Crimes related to the Murders of Women in the Municipality of Ciudad
Juárez was created in 2004, it only reviewed the preliminary investigations in the local
jurisdiction with regard to the negligence and responsibility of the officials who had
taken part in them, without making suggestions or contributions, reviewing or
rectifying deficiencies that it found, because its mandate did not empowered it for this.
514. The State advised that, on August 29, 2003, the Joint Agency of the Public
Prosecutor’s Office of Ciudad Juárez, Chihuahua was created (hereinafter “the Joint
Agency”) to investigate women’s murders and related crimes, under a cooperation
agreement between the Office of the Attorney General of the Republic and the Office of
the Attorney General for the state of Chihuahua. According to the evidence provided by
the parties, the purpose of the Joint Agency was to investigate and prosecute the
crimes with full collaboration and coordination between the two Public Prosecutor’s
Offices and to implement joint actions in the investigations to clarify the murder of
women in that municipality. The Federal Special Prosecutor’s Office for Juárez
coordinated and supervised the representation of the Federal Public Prosecutor’s Office
in the Joint Agency.493
515. On January 30, 2004, the Special Prosecutor’s Office was created at the federal
level. According to the State, the Federal Special Prosecutor’s Office for Juárez was
attached to the Office of the Attorney General of the Republic and “was competent to
direct, coordinate and supervise the investigations into the crimes concerning the
murder of women in the Municipality of Juárez, Chihuahua, exercising its power to take
over cases that were linked to a federal crime.” This statement was not contested by
either the Commission or the representatives. The functions of the Special Prosecutor’s
Office included “reviewing […] and examining each of the case files that contain
information on the murder or disappearance of women, and investigating – with
attribution of responsibility – any cases in which evidence of the negligence,
inefficiency or tolerance of public officials is found in order to avoid impunity and to
sanction those who have failed to fulfill their obligations.”494 The Tribunal observes that
the Special Prosecutor’s Office implemented four specific programs under its work
plan: (i) systematization of the information on the murders of women and related
493
Cf. Office of the Special Prosecutor for the Investigation of Crimes related to the Murders of Women
in Ciudad Juárez, Chihuahua, Primer Informe, supra note 468, folios 2999 to 3142; Office of the Special
Prosecutor for the Investigation of Crimes related to the Murders of Women in Ciudad Juárez, Informe Final,
supra note 87, folio 14536, and Report on Mexico produced by CEDAW, supra note 64, folio 1939.
494
Cf. Office of the Special Prosecutor for the Investigation of Crimes related to the Murders of Women
in Ciudad Juárez, Informe Final, supra note 87, folio 14532.
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