52
many […] procedures [as] necessary [for the] full clarification of the […] facts.”168
On June 21, 2007, it forwarded the Preliminary Investigation ALLE/SC/03/001/2007
to the Office of the Attorney General for Justice of the State of Guerrero.169 On May
13, 2008, this State Office requested the collaboration of the Office of the Attorney
General of the Republic in the execution of some procedures,170 a request that was
reiterated specifically to the Office of the Special Prosecutor for Offenses of Violence
against Women and Trafficking of the Federal Public Prosecutor’s Office (hereinafter
“Special Prosecutor’s Office”), on August 18 that year.171 In view of the intervention
of the Special Prosecutor’s Office, on September 10, 2008, Mrs. Fernández Ortega
presented a brief addressed to the agent of the Special Prosecutor’s Office
requesting that “the jurisdiction for investigating the unlawful act of which [she]
had been a victim be determined before any procedure is carried out,” since the
Preliminary Investigation was being conducted by the Office of the Attorney General
for Justice of the state of Guerrero while the Special Prosecutor’s Office was
adjoined to the Office of the Attorney General of the Republic.172 Furthermore, on
September 10, 2008, a representative of Mrs. Fernández Ortega communicated
with the Director of Preliminary Investigations of the Special Prosecutor’s Office and
stated that “[Mrs.] Fernández Ortega would appear before [that] investigative
authority […] on September 15, 2008,” to work on the sketch of her alleged
aggressor.173
167. On September 15, 2008, the alleged victim appeared in person and stated
that she would “not expand or provide information on [her] attackers until [she]
received an answer to [her] brief” of September 10, 2008,174 wherein she
requested clarification on the competent investigating authority.175 Given the
abovementioned, on September 22, 2008, the agent of the Special Prosecutor’s
Office of the Public Prosecutor of the Federation ordered the return of the warrant
letter partially carried out to the Attorney General’s Office of Guerrero, given that it
was prevented from duly complying with the request for collaboration, given that
Mrs. Fernandez Ortega appeared in writing and subsequently in person expressing
her unwillingness to offer that required.176 On December 2, 2008, the Director
168
Cf. Agreement to open and settle issued by the Common Public Prosecutor’s Office of the
Judicial District of Allende on January 3, 2007 (case file of annexes to the answer to the application,
tome I, folios 6359 and 6360).
169
Cf. Order No. 571 issued by the Agent of the Common Public Prosecutor’s Office de Allende on
June 21, 2007 (case file of annexes to the answer to the application, tome I, folio 6367).
170
Cf. Order No. PGJE/DGCAP/3892/2008 issued by the Attorney General for Justice of the state
on May 13, 2008 (case file of annexes to the answer to the application, tome VI, folio 8273).
171
Cf. Order No. FEVIMTRA/CGT/VCM/DAP/897/08 of the Special Prosecutor’s Office for Crimes of
Violence against Women and Human Trafficking on August 18, 2008 (case file of annexes to the answer
to the application, tome VI, folio 8269).
172
Cf. Brief of Mrs. Fernández Ortega presented on September 10, 2008 (case file of annexes to
the answer to the application, tome VI, folios 8295 to 8297).
173
Cf. Certification issued by the Agent of the Office of the Special Prosecutor for Crimes of
Violence against Women and Human Trafficking of the Federal Public Prosecutor’s Office on September
10, 2008, (case file of annexes to the answer to the application, tome V, folio 7908).
174
Cf. Ministerial statement of Mrs. Fernández Ortega before the Agent of the Office of the Special
Prosecutor for Crimes of Violence against Women and Human Trafficking of the Federal Public
Prosecutor’s Office
on September 15, 2008, (case file of annexes to the answer to the application,
tome VI, folios 8340 and 8341).
175
Cf. Certification issued by the Agent of the Office of the Special Prosecutor for Crimes of
Violence against Women and Human Trafficking of the Federal Public Prosecutor’s Office on September
11, 2008, (case file of annexes to the answer to the application, tome VI, folios 8322 to 8324).
176
Cf. Agreement to return Warrant Letter PGR/FEVIMTRA-C/CVM/002/08-08 on September 22,
2008 (case file of annexes to the answer to the application, tome VI, folios 8358, 8359, 8360, and
8361).