b)
c)
d)
e)
regard to beneficiary José Ángel Alvarado Favela. In this regard, it indicated that
it had given a response to the petitions made during that meeting in a later
meeting held on March 4, 2011, but that during this latter meeting "it was not
possible to reach the agreements that were indispensable for the implementation
of the provisional measures;"
highlighted "the lack of willingness of the beneficiaries to assist in the
investigations" carried out by the Office of the Attorney General of the Republic
toward locating beneficiaries Rocío Irene, Nitza Paola and José Ángel Alvarado. In
this sense, it stated that "although elements of that office approached Mr.
Alvarado Favela, he did not wish to collaborate in the investigations, the same as
[when] he himself visited the offices of the [Attorney General];”
reported that in the March 4, 2011, meeting, in response to the requirement that
the relatives of the disappeared victims provide "more information" in order for
the investigations to be carried out, representative Luz Esthela Castro Rodríguez
responded that "they will in no way provide statements and that the information
provided [on the investigations] [was] not sufficient." The State added that the
representative refused "to place" her comments in the investigation’s record and
left together with the relatives of the presumably disappeared victims "without
even signing the record that she had had access the preliminary investigation
file;"
clarified that the State "has no intention of applying any of the coercive
measures provided for by law to the beneficiaries in order to get them to
appear," and that it was fully available to provide them with the necessary legal
guarantees to adjust the proceeding to their special needs under the terms of the
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
of the General Assembly of the United Nations, as well as to keep them safe
when they decide to appear before the authorities, and
indicated as an example of that willingness the facilities provided by the Office of
the Attorney General of the Republic to beneficiaries of the measures in order for
them to be able to participate in the investigation proceedings, despite which,
and "for quite respectable reasons," the beneficiaries have not participated as
"required of them."
11.
In particular, with regard to the request for a broadening of these provisional
measures, Mexico indicated that:
a) With regard to the relatives of the beneficiaries, it is "fully available to adopt the
measures" that were handed down by the Court, and toward doing so, the
authorities in charge have held working meetings with the representatives of the
beneficiaries in which those representatives put forward specific petitions for
addressing the situation of the beneficiaries. However, it indicated that it has not
been possible to reach useful agreements for determining what actions to take
"given the posture of the representatives of the beneficiaries" and their reticence
toward reaching an agreement with the State on the actions to take in order to
provide protection to the beneficiaries. Regarding this, it indicated as an example
the fact that during the aforementioned meeting on March 4, 2011, the
representatives left after making the statements that they felt were pertinent
without allowing for "the building of the agreements necessary to continue
implementing the provisional measures." In this sense, Mexico "urged the InterAmerican Commission to serve as an intermediary with the representatives of
[the beneficiaries]," given that without the necessary dialogue between the
parties it would be very difficult to establish the measures necessary to guarantee
the rights of the beneficiaries, and
b) with regard to the representatives of the beneficiaries, the facts presented by the
Commission as the factual basis of its request for the broadening of the measures
make no reference to the situation of the representatives proposed as
beneficiaries of these measures. The State argued that the Commission did not
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