Insufficiencies in femicide violence research in Mexico are a constant, and although there is no entity that is exempt from this, the State of Mexico records the greatest failures in the field with the constant loss of evidence, lack of analysis of other possible linesof research and lack of gender perspective in their procedures, says Amnesty International.
“The Mexican State persists in its omission of the duty to investigate and, therefore, of its duty to guarantee the rights to life, personal integrity of the victims, and their duty to prevent violence against women.Likewise, the Mexican State persists in the violation of the rights of access to justice and judicial protection of families victims of femicide and disappearance, the duty of non -discrimination, and the right to personal integrity by sufferings and for acts ofharassment that families suffer, ”says the international organism.
In the report “Judgment trial.Deficiencies in the criminal investigations of femicides preceded by disappearance in the State of Mexico ”, Amnesty International states that during 2020 in Mexico, 3,723 violent deaths of women were recorded, of which 940 were investigated as femicides by the 32 entities of the country.10 every day.
Of the total violent deaths of women, 432 were recorded in Guanajuato, becoming the entity with the highest number of cases.They are followed by the State of Mexico with 403, Chihuahua with 288 and Baja California with 287.
Although the report presents data throughout the Republic, it focuses on the findings found in the State of Mexico as it is not only of one of the largest and most urbanized states in the country, but for being the federative entity with lower community quality, the secondwith greater perception of public insecurity and the one with the highest impunity index.
To explain each of these deficiencies, Amnesty International presents different cases of femicide that occurred in recent years in the State of Mexico to which it has followed up through research folders and interviews with family members.
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In 2003, Nadia Muciño disappeared.When her parents went to the authorities to report that they did not find them did not accept the report because they had not spent 72 hours and surely - they told them - "she would be with her boyfriend."Nadia's husband said she wasn't with him.
Six days later Nadia appeared alive.She explained to her family that her husband had hit her and locked her in a wasteland but that in fear that she was found by her family who had been looking for her days, she decided to free her under the threat that she would harm her children if she commented on what happened.
“Although Nadia filed a complaint for having been deprived of her liberty, the family affirms that she never had knowledge that the authorities did any type of investigation.After two months of having fled, Nadia decided to reconcile with her husband, ”he recounts in the Amnesty International report.
On February 12, 2004, Nadia's mother received a call in which she was informed that her daughter had committed suicide.When they arrived at the place they found the lifeless body hanging from a bath beam.Nadia's children who were at that time 5, 4 and 2 years old witnessed what happened.
The authorities arrived five hours after the emergency call and did not carry out a complete inspection of the place or collected evidence: the rope and buejeta that Nadia used to allegedly remove their lives disappeared.
The first line of investigation was that the woman had committed suicide, although later the Public Ministry requestedhit even to take his life and they would have prepared the scene to simulate that Nadia had committed suicide.
In 2009, Nadia's brother -in your age.
“In 2012, eight years after the murder, Nadia's husband was arrested and, in 2017, condemned for homicide, since in 2004 there was still no criminal type of feminicide.Unlike what happened with his brother, Nadia's husband could be convicted after the Prosecutor's Office strengthened her accusation with additional expert exams (consisting of the statement of Nadia's children), which reinforced the ministerial inspection made in 2004.These exams complemented the testimonies of Nadia's children collected in the first place and allowed to demonstrate that the thesis of suicide, argued by the defense and initially followed by the Prosecutor's Experts team, was not possible, ”the report details.
During all these years Nadia's family, especially her mother, had to take care of the investigation and collect evidence and testimonies so that the authority had a matter with which to work because in strict sense they were not doing it.
Her salary, that of her husband and all her savings served to pay the expenses of the judicial process and the care of her five children and the three children of Nadia, who were under their care after the murder.
“The case of Nadia Muciño Márquez shows that, despite the importance of authorities carrying out an adequate collection and effective protection of the test, there is evidence in the investigations of the femicides that are lost or, rather, than 'than'They are lost. '
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“The loss of evidence is observed in the rest of the cases of femicide known by Amnesty International for the elaboration of this report and is an issue that has been shown by other investigations carried out in Mexico, which suggests that it constitutes a pattern ofthe way in which criminal investigations in the country are carried out, ”says the international body.
In the investigations of the femicides preceded by disappearance it is constant that the authorities do not investigate enough: all the possible lines of research in each case are not examined and the necessary proceedings are not carried out to exhaustively exhaustion a specific line of research.
To explain this deficiency, Amnesty International exposes the case of Julia Sosa who disappeared on October 16, 2018. The 43 -year -old woman lived in the municipality of Ozumba, in the State of Mexico.She was a merchant and had five daughters and two sons.
Like Nadia's case when her daughters went to the authorities to denounce the disappearance of her mother, they could not raise the complaint because they had not spent 72 hours.Until October 20 it was possible to file the complaint at the Amecameca Prosecutor's Office.
“Despite the knowledge of the disappearance and the complaint filed, the authorities did not carry out the appropriate search actions.For example, it was not trying to geolocate Julia's phone or track the movements in her accounts, despite the fact that her daughters said she had received 'rare messages' from her phone asking for the keys, "is exhibited in thereport.
Before the inaction of the authorities, Julia's daughters had to investigate for their part and began to suspect their mother's couple.When the man confronted him, he pointed out that he was receiving threats and handed them the keys to the ranch where he worked for what the young women went to that point to look for her mother.
Around 7:00 p.m., already in the place, they warned that in an area of the ranch there was land removed so they began to dig.There they found a sheet and saw a part of a human body, so they called the authorities.
However, these did not appear "because they had not enough personnel", so Julia's daughters had to stay alone all night protecting the place.
“It was not until the next day - two in the afternoon - that a municipal police officer arrived at the ranch to protect the place until the arrival of the Public Ministry staff, who went at half past five in the afternoon, almost21 hours after the notice.The authorities continued the excavation and subsequently confirmed the finding of a lifeless person, corroborating Julia's daughters who were her mother's mother. ”
That same day, on October 24, Julia's sentimental couple was found hanging from a tree.According to the authorities he would have murdered the woman and subsequently took her life.However, Julia's daughters had indications that another person would have participated in the murder of her mother.
Despite the suspicions of the family, the authorities did not open another line of investigation justifying that it was Julia's couple who killed her and that the case was "clear."
According to testimonies collected by Amnesty International, agents of the Public Ministry in the State of Mexico attribute to excessive work overload to which the impossibility of thoroughly investigating all cases assigned to which they are assigned.
Diana Velázquez, 24, left her home to make a call on July 2, 2017. He lived in the municipality of Chimalhuacán, in the State of Mexico.
Seeing that his parents did not return to look for her in the colony, they asked about her whereabouts in hospitals and police stations, but did not appear.Once again the complaint could not be submitted because they had not spent 72 hours, so her parents continued with her own search.
The same morning of the day that disappeared, around 05:00, a neighbor called to the authorities to denounce that there was a lifeless person on public roads, a few blocks from Diana's house.
“It was Diana, but police officers identified her as a male person.Later, as stated in the judicial file, the Municipal Police agent would argue in one of his statements that he identified Diana as a man because near the place of the discovery 'several transvestites come together, ”says amnestyInternational.
When Diana's body was identified as a man, his family was not aware that he had been found until one day, while delivered complementary documentation for his search at the Nezahualcóyotl Justice Center, they asked in the Semefo if there was someone with theDiana characteristics.
“They put us and were not in the freezer, they were only thrown on the floor, it was very dirty inside, there was blood.Until we reached Diana's body, they pointed it to us with the foot and told us that she was.She hit her sun, she was with many bodies there on the floor.I stayed as ... I was impressed by everything we saw. ”Laura, Diana's sister says.
The expert evidence confirmed that Diana had been sexually assaulted before being killed.
Once again the loss of other evidence was found, because the underwear that Diana was wearing and the authorities took more than a year to return to the scene to seek it, as it is found in the judicial file.
Diana's case has had few advances and at the moment she continues to unpunished.
“The lack of gender perspective is observed in the treatment of victims by some public servants, who make, for example, discriminatory and guilty comments about the victim.
“In this line, the Committee for the Elimination of Discrimination against Women (CEDAW) has stated that one of their concerns about the situation of women in Mexico is the 'existence of institutional, structural and practical obstaclesVery settled that hinder women's access to justice, among which are discriminatory stereotypes and few knowledge about women's rights among the members of the Judiciary, justice professionals and those in charge of enforcing theLaw, including the police, ”says Amnesty International.