70
273. The Court observes that national and international reports agree that the
prevention of the murder of women in Ciudad Juárez, and also the response to these
killings, has been ineffective and insufficient.291 According to the 2005 CEDAW Report,
it was only in 2003, primarily as a follow-up to the report of the IACHR Rapporteur,
“that people began to face squarely the need for a comprehensive and integrated
program with distinct and complementary areas of intervention.” CEDAW concluded
that “[w]hile there is now a greater political will, especially on the part of Federal
agencies […], it must be said that the policies adopted and the measures taken since
1993 in the areas of prevention, investigation and punishment […] have been
ineffective and have fostered a climate of impunity […].”292
274. Since 1998, the State was warned publicly of the problem that existed in Ciudad
Juárez, in CNDH Recommendation No. 44. In this recommendation, the CNDH stated
that it had received allegations:
That allow it to indicate that the state authorities have committed a culpable omission by
observing the growth of this social phenomenon and failing to deal with, monitor or eradicate
it; because, not only did they fail to foresee or prevent it, but they also failed to take every
possible precaution; and based on the numbers of women murdered during 1998, it is a
trend which suggests that, unfortunately, the numbers [will] be higher than in previous years
if the necessary measures are not taken immediately to prevent and suppress it.293
275. In 1999, the U.N. Special Rapporteur on Extrajudicial Executions visited Ciudad
Juárez, and met with state authorities. In her report, she noted that “the deliberate
inaction of the Government to protect the lives of its citizens because of their sex had
generated a sense of insecurity amongst many of the women living in Ciudad Juárez.
At the same time, it had indirectly ensured that perpetrators would enjoy impunity for
such crimes.”294
276. In 2003, the CNDH determined that “more than five years after having issued
[Recommendation No. 44], the social phenomenon has not been controlled; to the
contrary, the crime rate against women who live in or travel through the municipality
of Juárez, Chihuahua, has continued to rise.” Regarding the specific recommendations
made by the CNDH concerning collaboration agreements with other Attorney General’s
Offices and police forces, the establishment of public security programs and training for
police forces, the CNDH concluded that “[t]he attestations forwarded […] allow us to
observe the insufficiency of the measures taken.”295
277. According to the facts of this case, the victims González, Ramos and Herrera
were young women of 20, 17 and 15 years of age respectively, all of them from a
humble background, one a student and the other two workers. They left their homes
one day and their bodies were found days or weeks later in a cotton field with signs of
sexual abuse and other ill-treatment. In the days between their disappearance and the
discovery of their bodies, their mothers and next of kin approached the authorities
looking for a response, but were met with value judgments concerning the conduct of
the victims and with no concrete action designed to find them alive, apart from the
reception of statements.
291
Cf. IACHR, The Situation of the Rights of Women in Ciudad Juárez, supra note 64, folio 1749;
Report on Mexico produced by CEDAW, supra note 64, folio 1924, and CNDH, Recomendación 44/1998,
supra note 72, folio 2155.
292
Report on Mexico produced by CEDAW, supra note 64, folios 1938 and 1924.
293
CNDH, Recomendación 44/1998, supra note 72, folio 2155.
294
Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, supra note 73,
folio 2053.
295
CNDH, Informe Especial, supra note 66, folios 2224 and 2226.
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