42
Chihuahua] further noted a lack of technical and scientific capacity and training at that time
for members of the judicial police. Officials of the State of Chihuahua indicated that the
deficiencies were such that, in 25 cases dating back to the first years of the killings, the
“files” consisted of little more than bags containing sets of bones, which provided virtually no
basis to pursue further investigation.135
148. The Court observes that even when the details provided by the State authorities
to the IACHR Rapporteur and indicated above were limited to the investigations and
proceedings conducted up until 1998, the State itself acknowledged before the Tribunal
that there had been irregularities up until 2004 (supra para. 20), although it did not
describe them.
149. Several reports published between 1999 and 2005 agree that the investigations
and proceedings concerning the murders of women in Ciudad Juárez have been
plagued by irregularities and deficiencies136 and that these crimes have remained in
impunity.137 According to the Special Prosecutor’s Office, “it should be emphasized that
the impunity of the unsolved cases occurred, principally, from 1993 to 2003, owing to
serious omissions made by the personnel of the Office of the Attorney General of the
state [of Chihuahua].” It added that, over that period, the “state governments failed to
enact public policies to endow the state Attorney General’s Office with the
infrastructure, working methods and specialized personnel that would have allowed it
to conduct the investigations into the killings of women with an acceptable level of
reliability.”138
150. According to the evidence provided, the irregularities in the investigations and
the proceedings included delays in starting investigations,139 slowness of the
investigations or absence of activity in the case files,140 negligence and irregularities in
gathering evidence and conducting examinations, and in the identification of victims,141
135
IACHR, The Situation of the Rights of Women in Ciudad Juárez, supra note 64, folio 1750 (citing the
letter of the Secretary of Government of Chihuahua to the Special Rapporteur of February 11, 2002).
136
Cf. IACHR, The Situation of the Rights of Women in Ciudad Juárez, supra note 64, folio 1767;
CNDH, Recomendación 44/1998, supra note 72, folios 2118 to 2129 and 2138; Report on Mexico produced
by CEDAW, supra note 64, folio 1924, and Report of the United Nations Committee of International Experts,
supra note 76, folio 1898.
137
Cf. IACHR, The Situation of the Rights of Women in Ciudad Juárez, supra note 64, folio 1749;
Report of the United Nations Committee of International Experts, supra note 76, folio 1869; CNDH, Informe
Especial, supra note 66, folio 2167, and statement made before notary public by expert witness Castresana
Fernández on April 21, 2009 (merits case file, volume VIII, folio 2904).
138
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 14573.
139
Cf. IACHR, The Situation of the Rights of Women in Ciudad Juárez, supra note 64, folio 1746,
Report on Mexico produced by CEDAW, supra note 64, folio 1924, and Amnesty International, Intolerable
killings, supra note 64, folio 2274.
140
Cf. IACHR, The Situation of the Rights of Women in Ciudad Juárez, supra note 64, folio 1767;
CNDH, Recomendación 44/1998, supra note 72, folio 2140; Office of the Special Prosecutor for the
Investigation of Crimes related to the Murders of Women in Ciudad Juárez, Informe Final, supra note 87,
folios 14579 and 14610; Press conference offered by the Assistant Attorney General for Human Rights,
Services to Victims and to the Community and the Special Prosecutor for Crimes related to Acts of Violence
against Women, in the Jurists Auditorium, Reforma 211, Mexico, D.F., February 16, 2006, annex 4 of the
final report of Observatorio Ciudadano, supra note 81, folio 6714.
141
Cf. IACHR, The Situation of the Rights of Women in Ciudad Juárez, supra note 64, folio 1750;
CNDH, Recomendación 44/1998, supra note 72, folio 2140; Report of the United Nations Committee of
International Experts, supra note 76, folio 1929, 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 14579, and
statement made before notary public by witness Doretti on April 17, 2009 (merits case file, volume VI, folio
2326 and 2327).
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