4
petitioners. Likewise, they stated that it took FEVIMTRA almost two
months to send an official letter to the representative of the telephone
brand requesting information of the mentioned call made by Nitza, thus
its results are null; and
h)
“[b]ased on the available information, the Commission decided, motu
propio, to request the Inter-American Court for provisional measures.”
3.
The arguments of the Commission used as grounds for its request for
provisional measures, among them:
a)
the set of elements present in this case “proves prima facie the
existence of a situation of extreme gravity and urgency and the need to avoid
irreparable damages to Rocío Irene Alvarado Reyes (18 years old), Nitza Paola
Alvarado Espinoza (31 years old), and José Ángel Alvarado Herrera;”
b)
“under the standard of assessment prima facie characteristic of the
proceedings of provisional measures, […] there is serious evidence” that said
people were deprived of their freedom by State security agents on December
29, 2009, without having information on their fate or whereabouts. Among said
evidence the Commission referred to: i) testimonies of several of the next of
kin who state they were present at the time of the arrest or that were informed
of what happened by other people; ii) statement made by state authorities in
the sense that Rocío, Nitza, and José were arrested within a raid, indicating
even the military garrison where they could be found; iii) the testimony of a
next of kin that assured he had seen “the van from which José Ángel Alvarado
Herrera and Nitza Paola Alvarado Espinoza were taken at the time of their
arrest” at the State Investigation Agency at Nuevo Casas Grandes a few days
after their disappearance; iv) official document of January 5, 2010, which
acknowledges that said van, belonging to the Alvarado family, is at a state
dependency; v) that the next of kin that visited the military installations were
not allowed access to those installations to confirm if Rocío, Nitza, and José
were there; and vi) that on February 3, 2010, a call from Nitza was received in
which she stated she was alive, that she was afraid, and that someone come
pick her up; however, the authorities have not established the origin or
geographical location from where the call was made;
c)
“the response given by the State of Mexico has been insufficient and
does not correspond to the extreme gravity of a situation in which there is
evidence that a forced disappearance has been committed.” The State has
limited its actions to starting inquiries in different instances, “which have not
carried out minimum diligences to find the possible beneficiaries.” The only
entity that carried out a diligence to look for them was the NHRC, which does
not have the mandate or legal mechanisms to respond to a forced
disappearance with the necessary diligence. Likewise, follow-up has not been
offered to the testimonies offered by the next of kin; the reasons why the van
belonging to the Alvarado family was under state custody precisely days after
the disappearance has not been investigated; and efforts have not been made
to establish the origin of Nitza’s call on February 3, 2010. Additionally, the
State has indicated that there are no elements regarding the participation of
military officials in the facts, without having received from the entities in charge
of the investigations an explanation on how they reached that conclusion, and
without the State having informed of specific actions to determine the
whereabouts of Rocío, Nitza, and José. Upon not carrying out the minimum
diligences to disprove the evidence regarding said participation, “the State is
assuming that it is not a forced disappearance;” and