In March 2007, experts from the Veracruz Attorney General's Office released the results of a new autopsy on the body of Ernestina, an indigenous woman. The conclusion of this new investigation indicated that her death was caused by acute anemia, chronic gastritis, and intestinal ulcers, denying the presence of fractures, trauma, or signs of sexual assault.
The next day, former President Felipe Calderón supported the Army, stating that the cause of Ernestina's death was gastritis, before the investigations of the CNDH and the Veracruz Attorney General's Office were completed. The CNDH issued a statement blaming the expert of the first autopsy for irregularities, requesting the Veracruz Attorney General's Office to investigate the case and determine responsibilities.
In April 2007, the Veracruz Attorney General's Office decided not to pursue criminal action as they found no signs of rape on the victim's body. Over the years, events unfolded such as the Military Investigation Attorney General's determination to archive the investigation, the family's request for access to the file which was denied, and accusations against the forensic doctor for conducting the autopsy improperly.
In 2020, the family managed to bring the case before the Inter-American Commission on Human Rights, which determined that serious violations of the human rights of Ernestina Ascencio and her relatives had occurred. In August 2023, it issued a recommendation highlighting omissions and irregularities in the 2007 investigation and the exoneration of the Mexican Army.
The IACHR concluded that the Mexican state violated Ernestina's rights to health and life by failing to provide adequate medical attention, as well as the absence of translators in medical centers to serve the indigenous population. It also denounced the lack of a diligent and fair investigation, bias in that investigation, and the exclusion of family members. Finally, the case was brought to the Inter-American Court of Human Rights, which could issue a ruling against the Mexican State today.
