13
State may have adopted - within the framework of the Military Prosecutor’s respective
inquiry - to determine the truth of these affirmations, with the exception of the
inspection carried out in March 2010 by the National Human Rights Commission in one
of the State security installations in the area.20
23.
The Court also takes not of the representatives’ affirmations in that the entrance
of FEVIMTRA personnel into military installations, the same persons in charge of the
PGR investigation, was denied (supra Considering 12). At the same time, the Court
observes that the State did not make any mention of this comment on the part of the
representatives. Thus, the Tribunal reminds the parties that it is fundamental for
authorities in charge of investigating a case of an alleged forced disappearance to have
unlimited access to detention centers, both with regard to documents as well as
persons.21 The latter is especially relevant in light of the fact that the goal of the
present measures is precisely that State authorities determine the whereabouts of the
beneficiaries so as to be able to protect their rights.
24.
Conversely, the Tribunal notes that the State has continuously provided
information to the Court ever since its first communication of May 21, 2010 and up until
its last one dated October 5, 2010,22 that it knows the location from which Nitza Paola
Alvarado allegedly placed a phone call on February 3, 2010. However, the State has
not reported on any measure or action that it might have taken as a consequence of
this information in order to locate the beneficiary pursuant to the Court’s specific
direction in its Order of May 26, 2010. What’s more, the Tribunal finds that the
information submitted by the State on this point does not vary at all from that which
Mexico submitted prior to the adoption of the present provisional measures,23 for which
no concrete or positive advances could be said to have been made. The Court thus
requests that the State, in its next brief on provisional measures, indicate to the Court
in a detailed and thorough manner the steps it may have taken in that regard.
25.
Regarding the alleged lack of cooperation with the representatives and the
family members in the investigation of the present matter (supra Considering 8, 1415), the Court recalls its repeated jurisprudence which states that in cases of
extrajudicial executions, forced disapperances, torture, or any other serious human
rights violations, the conduct of a serious, impartial, effective, and prompt investigation
ex officio is a fundamental and conditioning element for the guarantee and protection of
certain rights impacted by these situations, such as the rights to personal freedom,
humane treatment, and one’s very life.24 In those cases, the State authorities must
carry out that investigation as its own legal duty, beyond the procedural activities of
the interested parties, through all available legal means, and geared towards
20
Cf. Matter of Alvarado Reyes et al., supra note 8, Considering clause eleven.
21
Cf. Case of Anzualdo Castro v. Peru, supra note 19, para. 135.
22
In its May 21, 2010 brief, the State reported on the PGJE’s ongoing investigation that “the institution
of the State Public Prosecutor’s Office [had] agree[d] to trace the call [...] and [had] obtain[ed] sufficient
information to establish the origin and the geographical location from which the call was placed.” Later, in its
August 3 and October 5, 2010 briefs, the State reported with respect to the open preliminary investigation
before the FEVIMTRA that “the geographical location of the place from which the corresponding call was made
[was] contain[ed] in the investigation.”
23
24
Cf. Matter of Alvarado Reyes et al., supra note 8, Having Seen clause 7(i).
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, Reparations, and Costs. Judgment of the
Inter-American Court of Human Rights of January 31, 2006. Series C No. 140, para. 145; Case of Manuel
Cepeda Vargas v. Colombia. Preliminary Objections, Merits, Reparations, and Costs. Judgment of the InterAmerican Court of Human Rights of May 26, 2010. Series C No. 213, para. 117; and Case of Ibsen Cárdenas
and Ibsen Peña v. Bolivia, supra note 19, paras. 65, 155.