Prosecuting Attorney of the Office of the Public Prosecutor, who identified a number of irregularities in the case
noting that the letters that were ordered to be issued “may or may not have been written and sent or could
have been misplaced.” In response to such a serious determination, the case file shows no record of any follow
up or triggering of any mechanism to determine liability, or seriously reopening the investigation, which was
closed only a few months later on the grounds of lack of evidence and without any measure being taken to
amend the irregularities that had been ascertained and make up for the failure to gather evidence.
63.
This was also the case in the administrative proceeding before the Juvenile Council, in which only
statements were taken and one on-site visit was conducted in the same area of the Sabanilla river where it was
alleged that the weapons transaction had taken place between Antonio González and Juan López. However,
even though in this proceeding the alleged deprivation of liberty of Antonio González was investigated, he was
never searched for in Pasijal Morelos, where the main person suspected of his disappearance specifically
resided.
64.
Lastly, as has been previously determined by the Commission and recently upheld by the Court, the
amparo proceeding in force at that time in Mexico, which made it an essential requirement for the victim to say
where he or she was being held, in order to have grounds for the claim, was wholly unsuitable to determine the
whereabouts of a missing person and ineffective in cases of forced disappearances.151 Accordingly, both the
regulation and the application of this remedy did not constitute an effective mechanism to provide a response
to a report of a potential forced disappearance. The fact that the law regulating the amparo proceeding has
been amended subsequent to the case is relevant for purposes of recommendations relating to non-repetition,
to the extent that this issue would be cured in the future, but for purposes of determining international
responsibility in the case before us, it does not relieve the state of its responsibility but rather confirms it.
65.
Additionally, the Commission notes another factor that has obstructed diligent pursuit of the
investigation, which has to do with the different ways in which the facts have been classified as crimes in the
context of the different investigations that were opened. Thus, although the original reports clearly showed
information to suggest that the case may involve forced disappearance, the acts were classified in different
investigations as “criminal acts” and “illegal deprivation of liberty.” On this score, while it is incumbent upon
domestic authorities to establish which crimes are applicable within the scope of their purview, it can happen
that inadequate domestic classification becomes a factor of impunity, either because these classifications do
not reflect the seriousness of the conduct or because they impede a thorough investigation of all matters
constituting serious human rights violations. That is why several international instruments on serious human
rights violations such as torture and forced disappearance require the States Parties to provide a suitable legal
definition of these criminal offenses under their domestic law. This means that, when the facts exist to consider
what occurred as an act of forced disappearance, the respective investigations must be opened under this
statutory classification of criminal offense since, otherwise, essential elements of this serious human rights
violation, such as concealment or refusal to provide information, would go uninvestigated.152 The Commission
considers the failure to identify the reported facts, from the outset of the investigation, as possible forced
disappearance, to have had an impact on the way the investigation unfolded, affecting the diligence and
immediacy required in these cases.
66.
All of the foregoing elements, taken as a whole, lead to the conclusion that the State has not investigated
the facts of the instant case with due diligence, in violation of the rights enshrined in Articles 8.1 and 25.1 of
the American Convention in connection with Articles 1.1 and 2 of the same instrument and breached its
obligation as set forth in Article I b) of the ICFDP, to the detriment of Antonio González Méndez, his wife Sonia
López Juarez and their children Ana González López, Magdalena González López, Gerardo González López and
Elma Talía González López.
C. Right to personal integrity with respect to the family
IACHR. Report No. 2/06. Merits. Miguel Orlando Muñoz. Mexico. February 28, 2006, pars. 69-70; IA Court of HR. Case of Alvarado
Espinoza et al v. Mexico. Merits, Reparations and Costs. Judgment of November 28, 2018. Series C No. 370, pars. 259, 319
152 IACHR. Report No. 3/16. Merits. Nitza Paola Alvarado Espinoza, Rocío Irene Alvarado Reyes, José Ángel Alvarado Herrera et al. Mexico.
April 13, 2016, pars. 266-268.
151
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