5
elements [pointing to a] federal question.”
Regarding the steps taken in the
aforementioned cases open before the PGR, Mexico noted that:
a) Concerning the prior investigation begun in FEVIMTRA, several steps have been
taken, among which it highlighted the carrying out of: an inspection in the place
where two of the beneficiaries were allegedly detained; an inspection of Rocío
Irene Alvarado Reyes’s domicile; an inspection by the State Agency for
Investigations in Chihuahua into the location where the vehicle manned by Nitza
Paola Alvarado Espinoza and José Ángel Alvarado Herrera was at one point
located; the testimonies of two police officers assigned to the State Agency for
Investigations as well as of Obdulia Espinoza Beltrán, wife of José Ángel
Alvarado Herrera; an agent of the National Public Prosecutor’s Office assigned to
the PGR regional delegation in Ciudad Juarez; and another official assigned to
the PGR regional delegation in Ciudad Juarez. Later, in its October 5, 2010
report (supra Having Seen 2) the State added, inter alia, that it turned to the
National Banking and Securities Commission to obtain information in the
National Banking System on accounts in the beneficiaries’ name. The State also
requested a copy of the affidavit prepared by the Deputy Delegate for Criminal
Proceedings “A” of the Chihuahua state delegation on the beneficiaries’
disappearance and solicited the collaboration of the “Attorney General [and of
the] Minister of Public Safety, both from the [s]tate of Chihuahua” to subpoena
a witness as well as the head of the Emergency and Immediate Response Center
in order to obtain copies of the recordings from surveillance cameras in the
municipalities of Buenaventura and Nuevo Casas Grandes from December 29
and 30, 2009. The State indicated the presence of the report of the Ministerial
Police which stated that its members had gone to the cooperative of Benito
Juarez, Municipality of Buenaventura, Chihuahua, “where they interviewed
several people[,] inquired into operations of the Mexican military, and located
zones of military activity near the scene of the events.” Furthermore, it
requested copies of the case file opened by the National Human Rights
Commission and sent a letter to the Military Prosecutor “so that in a spirit of
cooperation” various tasks might be performed relating to the 35th Infantry
Battalion, as well as to obtain a copy of the preliminary investigation
corresponding to the facts in the present case. Also, regarding the telephone
call allegedly placed by Nitza Paola Alvarado Espinoza on February 3, 2010
asking for help8, the State indicated in its briefs of August 3 and October 5, 2010
that, in its investigation before FEVIMTRA, the public prosecutor could determine
the exact telephone from which the call was allegedly made - as “it [was]
apparent from the investigation, the geographic location from which the call was
made” - but the service provider had reported that “the number at issue was a
prepaid one, and therefore it [was] not possible to determine to whom it
belong[ed].” In this regard, the State noted that the aforementioned Social
Representation of the Federation “[would] continue to study the data provided
by the telecommunication companies, as well as the analysis of phone traffic
and activity on certain numbers, from which it [would then] draw investigative
conclusions.”
b) Regarding the affidavit prepared before the Investigatory Agency of Nuevo
Casas Grandes, “several steps ha[d] been taken,”9 but “until this investigation
8
Cf. Matter of Alvarado Reyes et al. Provisional Measures regarding Mexico. Order of the InterAmerican Court of Human Rights of May 26, 2010, Having Seen clauses 3(b)(vi), 7(i), 7(ii).
9
In its June 3, 2010 brief, the State submitted “an update on the steps taken” by this office. In
addition to the ministerial actions previously reported to the Tribunal before the Order of May 26, 2010 in the
present matter, the State reported, inter alia, that certified copies of the investigation begun on December
31, 2009 had been requested and received. Further, requests for information from the National Human
Rights Commission had been responded to and reports or letters were received from the PGJE, the Federal