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Femicide Sentences in Baja California Undergo Analysis by State Congress Commission

-Editorial

The Ordinary Session of the Human Rights Commission was convened at the State Congress building, presided over by Santa Alejandrina Corral Quintero. During this session, the Civil Association Red de Mujeres Unidas por Baja California presented their study titled “Analysis of the Gender Perspective in Femicide Sentences in Baja California.”

Alejandrina Corral emphasized the collaborative efforts of the XXIV Legislature with the Judiciary and the State Attorney General’s Office (FGE) on budgetary matters. She stressed the significance of inter-institutional working groups for analyzing investigations conducted by the Prosecutor’s Office. These investigations are pivotal in safeguarding women, children, and adolescents. The work of the Judiciary in administering justice hinges on these investigations. Thus, the intention is to raise awareness about the issue, foster agreements, and devise effective solutions.

The “Analysis of the Gender Perspective in Femicide Sentences in Baja California” was conducted with the participation of Miriam Ayón Castro and Dr. Elsa Jiménez from the Red de Mujeres Unidas por Baja California, and Laura Gutiérrez from the CEDH. The study relied on public versions of TSJEBC sentences that incorporated a gender perspective. They identified 51 sentences related to femicide and attempted femicide in the region. 

Among the findings, Tijuana led with 27 registered sentences, followed by Mexicali and Ensenada with 10 each, while Rosarito and Tecate had 2 each. In the attempted femicide category, the three most common accusations were threats, family violence, and rape. These crimes were most frequently committed in private homes (47%), followed by public roads (12%), and workplaces (10%). In the analysis of each sentence, it was notable that in 31% of cases, the location of the events was not identified, while in 86%, it was not determined whether the violence was an isolated incident, occasional, or repeated. Additionally, in 96% of cases, it was not investigated whether the conflict was part of a social context, which meant it was not examined from a gender perspective. Furthermore, the tests were not described in these cases, making them ineffective for establishing motives based on gender, often leading to acquittals.

Only 10% of the sentences fully identified the gender impact, and 21.5% of the judges ordered reparation for damages without specifying amounts, leaving it to the aggrieved parties to assert their rights incidentally. Furthermore, 35% of the resolutions did not provide follow-up measures for their determinations, while 47% did so inadequately.

Judge Columba Imelda Amador Guillén expressed the Judiciary’s commitment to sentences with a gender perspective. She noted that guidelines are currently being drafted to enable the citizen observatory’s function and the introduction of a justice model through specialized courts for family violence. This model aims to provide direct access without re-victimization, and it aligns with the implementation of the new Civil and Family Justice System at the national level. The guidelines and procedures for those responsible for this new model are also under consideration.

Montserrat Murillo emphasized the need to establish a protocol for handling such crimes. This protocol should guide evidence collection, interviews, and the maintenance of protection orders until the aggressor undergoes treatment. It also includes training for security personnel at the FGE. In cases involving orphaned minors due to gender violence, they should be attended to by the Office of the Attorney for the Protection of Minors.

Deputy Amintha Briceño, on the legislative front, mentioned her prior initiative encompassing preventive measures due to the alarming number of femicides in the region.

Present at the meeting were Deputies Santa Alejandrina Corral Quintero, Amintha Briceño Cinco, Dunnia Monserrat Murillo López, and Evelyn Sánchez Sánchez, along with Judge Columba Imelda Amador Guillén, President of the Equality and Gender Committee, who represented the President of the State Judiciary, Alejandro Isaac Fragozo López.

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