- 44 - 117. On May 3, 2006, the CNDH130 decided to open an investigation, ex officio, based on newspaper reports indicating “events that presumably violated human rights” during the confrontations in San Salvador Atenco and Texcoco on May 3, and then on May 4, 2006.131 118. In the context of this investigation, as of May 3, 2006, deputy inspectors and medical experts attached to the CNDH went to the site of the events, and also to the CEPRESO, to verify the situation and to locate and gather information and statements; they also obtained photographic evidence and video of the aggrieved parties, as well as of the site of the events and the homes that had been affected. The CNDH interviewed individuals who reported that they had been victims of abuse by the authorities, including the women presumed victims in this case. It gathered physical, documentary and expert evidence, and requested information from the public institutions involved (authorities of the government of the state of Mexico and of the federal Government). It documented the cases of 212 individuals affected by the events and found that “numerous acts that violated constitutional guarantees had been committed against 209 persons.”132 119. On October 16, 2006, the CNDH issued its Recommendation 38/2006 addressed to the Federal Minister of Public Security and the Governor of the state of Mexico, among others.133 In this Recommendation, the CNDH observed that state and federal authorities had committed a series of human rights violations during the operations.134 It considered that “207 persons suffered cruel and/or degrading treatment,” and some had also been subjected to torture; it also noted the sexual abuse of women, and urged the authorities to open the corresponding investigations in their respective spheres (federal and state). In particular, it noted that “the statements made by 26 women involved in the events reveal the perpetration of presumed conducts that violated their sexual freedom […], which could constitute offenses such as sexual abuse and rape,” and it concluded, based on the evidence gathered, “that such acts were committed systematically against at least 26 women detained and transferred to the [CEPRESO].”135 In addition, the CNDH concluded that: The attitude assumed by the authorities of the Federal Preventive Police, the state Security Agency, the Office of the Attorney General and the [CEPRESO], the last three part of the The National Human Rights Commission (CNDH) is a State, public, autonomous and non-jurisdictional body for the defense and protection of human rights. Its mission is to protect, observe, promote, research and disseminate the human rights that are protected by the laws of Mexico and international treaties applicable to Mexico. When violations are confirmed, it has the authority to issue recommendations, which can include measures of restitution and, if appropriate, of measures to repair the harm and prejudice caused. These recommendations are not binding for the authorities concerned, which may or may not accept them. If they do not accept them, the authority in question may be held accountable before the Chamber of the Senate or, if this is not sitting, the Permanent Commission, or the legislators of the federative entities, pursuant to Articles 15 (X) and 46.3.a) of the Law on the CNDH, published in the Official Gazette of the Federation on June 29, 1992. 130 Cf. Decision of the CNDH of May 3, 2006, signed by its President, José Luis Soberanes Fernández (evidence file, folio 1604). 131 CNDH Recommendation No. 38/2006 of October 16, 2006 (evidence file, folios 28516, 28517, 28544 to 28549, 28552 and 28606). 132 133 Cf. CNDH Recommendation No. 38/2006 of October 16, 2006 (evidence file, folios 28538 to 28543). In this regard, the CNDH indicated that: “the practices adopted during the operation implemented by the police units involved violated the fundamental rights of the persons detained owing to the acts of violence that took place on May 3 and 4, 2006. This, in itself, represents a violation of the State’s obligation to ensure respect for the rights of everyone, and refers to the illegal detention, incommunicado, cruel, inhuman and/or degrading treatment, and torture to which they were subjected.” CNDH Recommendation No. 38/2006 of October 16, 2006 (evidence file, folio 28574). 134 135 CNDH Recommendation No. 38/2006 of October 16, 2006 (evidence file, folios 28527, 28561, 28576 and 28577).